May 2021

General antitrust

 The Mexican Competition Authority initiates investigation into competition conditions in the national distribution of liquefied petroleum gas
Mexican Competition Authority (Mexico City)
Mexico 94 contributions 18886 visits
COFECE initiates an investigation to determine the existence of competition conditions in the distribution of liquefied petroleum gas at the national level* Shall the absence of effective competition conditions be detected, the Energy Regulatory Commission, as authority of the sector, could (...)

The Russian Competition Authority, along with other BRICS countries, launches a full-scale research of the pharmaceutical market
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 47138 visits
The FAS Russia together with the BRICS countries will start a full-scale research of the pharmaceutical market this year* This and other topics were discussed by representatives of the competition authorities of the countries of the international association. The FAS Russia was represented by (...)

The EU Commission publishes the report and staff working document summarising the findings of its evaluation of the motor vehicle block exemption regulation
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
Antitrust: Commission publishes findings of evaluation on the Motor Vehicle Block Exemption Regulation* The European Commission has published today the Evaluation Report and Staff Working Document summarising the findings of its evaluation of the Motor Vehicle Block Exemption Regulation. The (...)

The EU Commission publishes its evaluation report on the operation of the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
Belgium 156 contributions 48702 visits
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Van Bael & Bellis (Brussels)
Belgium 2 contributions 235 visits
On 28 May 2021, the European Commission (“Commission”) published its Evaluation Report on the operation of the Motor Vehicle Block Exemption Regulation, Commission Regulation No 461/2010, (available here), and the accompanying Staff Working Document (available here). The aim of the evaluation (...)

The German, French, and Dutch Competition Authorities publish a "non-paper" containing several proposals to improve the Digital Market Act
Bird & Bird (Brussels)
Belgium 1 contribution 287 visits
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Bird & Bird (Brussels)
Belgium 2 contributions 745 visits
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Bird & Bird (Brussels)
Belgium 12 contributions 1591 visits
The interest of National Competition Authorities (“NCAs”) in playing a prominent role in the enforcement of the Digital Markets Act (“DMA”) is not new. Back in May 2021, the German, French and Dutch competition authorities published a “non-paper” entitled “Friends of an effective Digital Markets Act” (...)

The UK Competition Authority announces that it will propose a package of remedies to address the issues found during its study into the electric vehicle charging market
White & Case (Brussels)
Belgium 20 contributions 20853 visits
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White & Case (Brussels)
Belgium 24 contributions 8485 visits
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White & Case (Brussels)
Belgium 1 contribution 253 visits
On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of remedies to address the issues found during the course of the (...)

The French President enacts an ordinance finalizing the transposition into French law of the ECN+ Directive which aims to strengthen the powers of national competition authorities and increase their effectiveness
Bird & Bird (Paris)
France 23 contributions 2245 visits
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Bird & Bird (Paris)
France 12 contributions 2110 visits
On 26 May this year, a presidential ordinance (the Ordinance) perfected the transposition into French law of the ECN+ European Directive of 11 December 2018, which aims to strengthen the powers of national competition authorities and increase their effectiveness. Several provisions of the (...)

The Dutch Competition Authority publishes its behavioural study into the compliance programmes and compliance culture at four companies in regulated industries
Bird & Bird (The Hague)
Netherlands 30 contributions 5331 visits
On 25 May 2021, the Dutch Consumer & Market Authority (“ACM”) published its behavioural study into the compliance programmes and compliance culture at four companies in regulated industries which are under supervision of the ACM. In the study, the ACM not only examined whether everything was (...)

The UK Competition Authority publishes a guidance draft designed to help businesses understand and comply with their existing legal obligations under consumer protection law after its in-depth market investigation regarding environmental claims
Bird & Bird (London)
United Kingdom 18 contributions 2438 visits
Sustainability (or environmental) claims are increasingly part of the purchasing experience for consumers. Such claims can be made in the context of advertising, on product labels and within accompanying product information such as e-newsletters. Sustainability claims will typically state that (...)

The UK Competition Authority and the Information Commissioner’s Office publish a joint statement setting out their shared views on the relationship between competition and data protection in the digital economy
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
ICO and CMA set out blueprint for cooperation in digital markets* The Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA) have published a joint statement, setting out their shared views on the relationship between competition and data protection in the (...)

The Dutch Competition Authority launches a market study into cloud services
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 156 contributions 24344 visits
ACM launches market study into cloud services* The Netherlands Authority for Consumers and Markets (ACM) has launched a study in order to find out whether the market for cloud services is functioning well for people and businesses in the Netherlands. The objective of the first phase of this (...)

The Croatian Parliament adopts a revised unfair trading practices act which is fully harmonized with the EU Directive 2019/633
Croatian Competition Agency (Zagreb)
Croatia 77 contributions 13078 visits
CROATIA ADOPTS REVISED UNFAIR TRADING PRACTICES ACT 2021 FULLY HARMONIZED WITH EU DIRECTIVE 2019/633* For the purpose of bringing its legal framework in the area of unfair trading practices in business-to-business relations in the agricultural and food supply chain into compliance with the (...)

The Russian Competition Authority approves the conclusion of the agreement on 5G networks for mobile operators (Rostelecom / Bashinformsvyaz / VimpelCom)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 47138 visits
The FAS approved conclusion of the agreement on 5G networks for mobile network operators* Such an agreement should contain conditions for equal access to radio frequencies for all market participants The FAS Russia has considered the application of Rostelecom PJSC, Bashinformsvyaz PJSC, (...)

The Turkish Competition Authority publishes the preliminary report on the e-marketplace sector inquiry
ACTECON (Istanbul)
Turkey 7 contributions 1731 visits
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ACTECON (Istanbul)
Turkey 6 contributions 992 visits
Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the official (...)

The Dutch Competition Authority publishes its market study into the roll-out of fibre-optic broadband networks for households
Bird & Bird (The Hague)
Netherlands 2 contributions 611 visits
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Bird & Bird (Amsterdam)
Netherlands 33 contributions 5804 visits
On 6 May 2021, the Netherlands Authority for Consumers & Markets (“ACM”) published its updated market study (“FttH report”) into the roll-out in the Netherlands of fibre-optic broadband networks for households (Fiber-to-the-Home). The ACM started its FttH market study in April 2019 in response (...)

The Canadian Competition Authority releases updated guidelines regarding collaborations between competitors
Canadian Competition Bureau (Gatineau)
Canada 25 contributions 4210 visits
Competition Bureau releases updated guidelines regarding collaborations between competitors* Today, the Competition Bureau published the final version of its revised Competitor Collaboration Guidelines. These updates are intended to provide clarity to the business and legal communities on how (...)

Anticompetitive practices

 The Slovak Competition Authority fines six construction undertakings €1 million for forming a cartel (Artra / Čechovo / Janoli)
Slovak Competition Authority (Bratislava)
Slovakia 28 contributions 3555 visits
The Council of AMO SR decided on fines in the amount of more than 1 mil. EUR for a cartel in public procurements carried out through the ECS* The Council of the Antimonopoly Office of the Slovak Republic (hereafter “the Council of the Office”) on 19 May 2021, following the review of the (...)

The German Competition Authority provides a preliminary assessment of the national football league’s 50+1 ownership rule (DFL)
German Competition Authority (Bonn)
Germany 359 contributions 84085 visits
Bundeskartellamt provides preliminary assessment of DFL’s 50+1 ownership rule* The Bundeskartellamt has today informed the Deutsche Fußball Liga (DFL, German Football League) of its preliminary assessment under competition law of the so-called 50+1 rule. In the authority’s view the basic rule is (...)

The UK Competition Authority reflects on the lessons learned from its investigation into three major suppliers of groundworks products to the construction industry for collusion (Vp / MGF / Mabey)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
Breaking competition law: construction cartel in groundworks* Lessons learnt from the CMA’s investigation into 3 major suppliers of groundworks products to the construction industry after they broke competition law. In 2020, the Competition and Markets Authority (CMA) fined 2 businesses, Vp (...)

The Italian Competition Authority issues a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy (Puglia Association of Growers / Confederazione Italiana Agricoltori Puglia / Comitato Liberi Agricoltori e Commercianti Pugliesi e Lucani)
Bird & Bird (Rome)
Italy 19 contributions 2976 visits
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Bird & Bird (Rome)
Italy 27 contributions 3762 visits
On 25 May 2021, the Italian Antitrust Authority (“AGCM”) issued a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy. The proceeding represents one of the few of its kind, not only for the close interlink between (...)

The US DoJ indicts two real estate professionals for bid-rigging at a farmland auction (Barry Dyer / Mackie Shelton)
US Department of Justice (Washington)
United States 106 contributions 31617 visits
Two Kentucky Real Estate Professionals Indicted for Rigging Farmland Auction* A federal grand jury in the Western District of Kentucky returned an indictment charging two Kentucky real estate professionals with conspiring to rig bids at an estate auction for farmland and timber rights. (...)

The Portuguese Competition Authority sanctions a medical devices company for restricting distributor sales (Natus)
Portuguese Competition Authority (Lisbon)
Portugal 71 contributions 19684 visits
AdC sanctions medical devices company for restricting distributors sales* The AdC’s decision The AdC sanctioned Natus Medical Incorporated (Natus) for restricting competition in the distribution of essential medical devices in the Portuguese market. The investigation, opened by the AdC in (...)

The EU Commission imposes a fine of €371 million on banks implicated in supra-sovereign, sovereign and agency bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Herbert Smith Freehills (Brussels)
Belgium 26 contributions 9300 visits
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Herbert Smith Freehills (Brussels)
Belgium 15 contributions 3242 visits
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The EU Commission fines several investment banks €371 million for participating in a European government bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel* The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules (...)

The US DoJ indicts a national broiler chicken producer for price fixing and bid rigging (Claxton)
US Department of Justice (Washington)
United States 106 contributions 31617 visits
Broiler Chicken Producer Indicted for Price Fixing and Bid Rigging* A federal grand jury in Denver, Colorado, returned an indictment charging Norman W. Fries Inc., dba Claxton Poultry Farms (Claxton), headquartered in Claxton, Georgia, with participating in a nationwide conspiracy to fix (...)

The EU Commission fines seven investment banks for operating a cartel in the primary and secondary markets for European government bonds (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Van Bael & Bellis (Brussels)
Belgium 12 contributions 1931 visits
On 20 May 2021, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of European Government Bonds (“EGB”). EGB In its decision, adopted on 20 May 2021, the Commission found seven investment banks, Bank of America, Natixis, Nomura, RBS (...)

The German Federal Court of Justice rules that an online hotel booking platform’s “narrow” best price clause violates antitrust law (Booking.com)
Bird & Bird (Dusseldorf)
Germany 2 contributions 812 visits
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Bird & Bird (Dusseldorf)
Germany 4 contributions 709 visits
On May 18, 2021, the Federal Court of Justice (“FCJ”) ruled that Booking.com’s “narrow” best price clause violates Article 101 (1) TFEU (the cartel prohibition) as well. Thereby the FCJ overruled the Higher Regional Court of Düsseldorf which held that “narrow” best price clauses were not (...)

The German Federal Court of Justice finds narrow price parity clauses anticompetitive (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 156 contributions 48702 visits
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Van Bael & Bellis (Brussels)
Belgium 22 contributions 2258 visits
On 18 May 2021, the German Federal Court of Justice (“FCJ”) overturned the ruling of the Higher Regional Court of Düsseldorf concerning the use of (so-called) ‘narrow’ price parity clauses by Booking.com (“Booking”). These clauses, which were included in contracts concluded between Booking and hotels (...)

The Russian Competition Authority initiates a case against the national postal operator for charging extra to deliver parcels to hard-to-reach places, resulting in ending of the problematic practice (Russian Post)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 47138 visits
Russian Post has violated the antimonopoly legislation* The postal service charged a 100% extra for sending parcels from/to hard-to-reach areas. Earlier, the FAS Russia issued a warning to Russian Post JSC to stop charging such extras. Due to failure to comply with the warning within the (...)

The Latvian Supreme Court upholds the Competition Authority’s decision to fine three amelioration system builders for participating in a cartel in construction project procurements (Limbazu Melio / Bauskas / Meliorācijas)
Latvian Competition Council (Riga)
103 contributions 18289 visits
The court upholds the Competition Council’s decision regarding the established cartel in the land amelioration sector* By its 14 May decision not to initiate cassation proceedings, the Supreme Court upheld the decision of the Competition Council (CC) by which in 2018 the institution established (...)

The Australian Competition Authority announces that it will bring civil proceedings against a company and its director for alleged cartel conduct (Delta Building Automation / Timothy Davis)
Bird & Bird (Sydney)
Australia 2 contributions 371 visits
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Bird & Bird (Sydney)
Australia 27 contributions 2520 visits
The ACCC has recently announced that it will bring civil proceedings against an Australian company and its director for alleged cartel conduct. According to ACCC’s press release, the conduct related to a 2019 tender for the replacement of a smart building management system at the National (...)

The Polish Competition Authority issues a decision imposing a fine on a CEO for obstructing a dawn raid it conducted against a gym operator (Platinium Wellness)
Bird & Bird (Warsaw)
Poland 19 contributions 2291 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2291 visits
In mid-May, the Polish Competition Authority (“UOKiK”) issued a decision imposing a fine on an individual for obstructing a dawn raid conducted by UOKiK officials. During the 2017 dawn raid, the CEO of Platinium Wellness sp. z o.o. - a gym operator (“the Company”), changed the email password on (...)

The Australian Competition Authority initiates proceedings against an alleged attempted cartel for the National Gallery of Australia tender (Delta Building Automation / Timothy Davis)
Australian Competition and Consumer Commission (Canberra)
Australia 269 contributions 54584 visits
ACCC takes action over alleged attempted cartel for National Gallery of Australia tender* The ACCC has instituted civil proceedings in the Federal Court against Delta Building Automation Pty Ltd (Delta) and its sole director, Timothy Davis, for involvement in an alleged attempt to rig a bid in (...)

The Spanish Competition Authority fines 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in a first case where the cartelist’s fine is reduced due to implementing a compliance program (Deloitte / KPMG / PwC)
Bird & Bird (Madrid)
Spain 27 contributions 3348 visits
On 11 May 2021, the Spanish Competition Authority (CNMC) fined 22 consulting firms and several of their executives a total of EUR 6.3 million for creating a cartel in violation of Article 1 of the Spanish Competition Act (LDC) and Article 101 of the Treaty of the Functioning of the European (...)

The UK Competition Appeal Tribunal upholds an infringement decision for pay-for-delay pharmaceutical deals (GlaxoSmithKline)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
CAT upholds infringement decision for pay for delay pharma deals* The Competition Appeal Tribunal has upheld the CMA decision that GlaxoSmithKline and some generic suppliers of the anti-depressant paroxetine broke competition law. The Competition Appeal Tribunal (Tribunal) has, however, (...)

The Czech Competition Authority applies an alternative solution to the potential competition issue related to vertical resale price agreements and customer restriction agreements
Bird & Bird (Prague)
Czech Republic 25 contributions 3441 visits
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Bird & Bird (Prague)
Czech Republic 14 contributions 2655 visits
The Office for the Protection of Competition (Office) recently applied an alternative solution to a potential competition issue related to vertical resale price agreements and customer restriction agreements. Although the Office discovered the existence of the agreements, it did not initiate (...)

The Danish Aalborg City Court fines a sportswear manufacturer for retail price maintenance (Fusion)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 110 contributions 29116 visits
Denmark: Fine of DKK 500,000 to manufacturer of sportswear for retail price maintenance* On May 7, 2021, the City Court of Aalborg sentenced the Danish manufacturer of sports clothes Fusion ApS to pay a fine of DKK 500.000 (€ 67,242) for resale price maintenance. Moreover, a member of the (...)

The Aalborg City Court fines a sportswear producer for resale price maintenance (Fusion)
Bird & Bird (Copenhagen)
Denmark 34 contributions 4703 visits
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Bird & Bird (Copenhagen)
Denmark 24 contributions 2010 visits
In 2017, a competitor to a Danish sportswear producer filed a complaint with the Danish Competition and Consumer Authority (“DCCA”) regarding resale price maintenance of said producer. The sportswear producer had put pressure on its distributors to respect the recommended price as a minimum (...)

The EU Commission publishes a staff working document on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements
White & Case (Brussels)
Belgium 20 contributions 20853 visits
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White & Case (Brussels)
Belgium 6 contributions 5992 visits
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White & Case (Dusseldorf)
Germany 21 contributions 8694 visits
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On 6 May 2021, the European Commission ("Commission") published a staff working document ("SWD") on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements ("H-BERs") and the horizontal guidelines. The SWD is accompanied by an (...)

The Mexican Competition Authority investigates relative monopolistic practices in the market of generation, wholesale commercialization and supply of electric energy and associated products
Mexican Competition Authority (Mexico City)
Mexico 94 contributions 18886 visits
COFECE investigates relative monopolistic practices in the market of generation, wholesale commercialization and supply of electric energy and associated products* The Investigative Authority of the Federal Economic Competition Commission (COFECE or Commission) published today in the Federal (...)

The Belgian Competition Authority closes an investigation against two grocery stores’ purchasing agreement after receiving their commitments (Carrefour / Provera)
Belgian Competition Authority (Brussels)
Belgium 64 contributions 17639 visits
The Investigation and Prosecution Service of the Belgian Competition Authority has closed an investigation against the purchasing alliance between Carrefour and Provera after receiving commitments* In May 2019, the Prosecutor-general of the Belgian Competition Authority (BCA) opened an (...)

The Mexican Competition Authority notifies a statement of probable responsibility in conducting absolute monopolistic practices in the market for the draft of professional soccer players in the national territory
Mexican Competition Authority (Mexico City)
Mexico 94 contributions 18886 visits
COFECE notifies a statement of probable responsibility for a triallike procedure for a possible collusion in the draft of professional soccer players in the national territory* The Investigative Authority concluded its inquiry and issued the statement in which it indicates the probable (...)

The Polish Competition Authority initiates proceedings against a bicycle retailer for entering into an exclusive distribution agreement hindering competition (Merida bicycles)
Polish Competition Authority (Warsaw)
Poland 70 contributions 12464 visits
Merida bicycles - proceedings of the President of UOKiK* Does the sale of Merida bicycles in Poland violate the rules of competition? Tomasz Chróstny, the President of the Office of Competition and Consumer Protection has issued a statement against Merida Polska. As a result of the practices of (...)

The Czech Competition Authority fines two national infrastructure companies CZK 34 million for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
Czech Republic 23 contributions 3811 visits
SPIE ELEKTROVOD and ASE were fined almost CZK 34 million for public procurement cartel* In its first instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 33,917,000 on SPIE Elektrovod, a.s. and ASE, s.r.o. for a cartel agreement concerning (...)

The New Zealand Competition Authority files proceedings against alleged price fixing cartel between two taxi companies (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
New Zealand 81 contributions 11797 visits
Commission files proceedings against alleged taxi cartel* The Commerce Commission has filed proceedings at the High Court in Wellington against Hutt and City Taxis Limited (Hutt & City) for alleged price fixing. The Commission alleges Hutt & City contravened the Commerce Act by (...)

The Indian Competition Authority opens an investigation into potential anti-competitive conduct by a company engaged in the manufacturing and sale of commercial vehicles (Tata Motors)
Lakshmikumaran & Sridharan (New Delhi)
India 38 contributions 2826 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 38 contributions 2825 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 32 contributions 2574 visits
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KEY POINTS Even if there is a delay in the filing of information on behalf of the informants, the Act does not envisage any period of limitation as inquiries conducted by CCI are proceedings in rem. There can be no limitation period in competition law as in a changing and evolving market (...)

The French Competition Authority fines a national cold meat manufacturer for obstructing an investigation into a potential cartel (Fleury Michon)
French Competition Authority (Paris)
France 666 contributions 298381 visits
The Fleury Michon group is fined 100,000 euros for obstructing an investigation* The Fleury Michon group is fined 100,000 euros for having obstructed the conduct of the investigation carried out by the Autorité in the case of the ham and cold meat sector cartel. Background On 16 July 2020, by (...)

The EU Court of Justice publishes the summary of an appeal by a sports association against a General Court’s decision stating that standards restricting athlete participation in rival events infringe Article 101 TFEU (International Skating Union)
Covington & Burling (Brussels)
Belgium 24 contributions 16813 visits
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Covington & Burling (Brussels)
Belgium 2 contributions 335 visits
In May 2021, the Court of Justice of the European Union (“CJEU”) published the summary of an appeal filed by the International Skating Union (“ISU”) against a ruling from the General Court (“GC”) which found that ISU rules restricting athletes from taking part in rival events infringed Article 101 (...)

Unilateral Practices

 The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s data processing terms (Google)
German Competition Authority (Bonn)
Germany 359 contributions 84085 visits
Proceeding against Google based on new rules for large digital players (Section 19a GWB) – Bundeskartellamt examines Google’s significance for competition across markets and its data processing terms* The Bundeskartellamt has today initiated two proceedings against Google Germany GmbH, Hamburg, (...)

The Russian Competition Authority issues a warning to a gas company to reduce retail gasoline prices in the Volgograd Region (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 47138 visits
FAS issued to the company Lukoil-Yugnefteprodukt a warning to reduce the retail gasoline price in the Volgograd Region* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s mobile operating system and app store (Apple)
German Competition Authority (Bonn)
Germany 359 contributions 84085 visits
Proceeding against Apple based on new rules for large digital companies (Section 19a(1) GWB) – Bundeskartellamt examines Apple’s significance for competition across markets* The Bundeskartellamt has today initiated a proceeding against the technology company Apple based on the new competition (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s online marketplace and its competition significance across markets (Amazon)
German Competition Authority (Bonn)
Germany 359 contributions 84085 visits
Proceedings against Amazon based on new rules for large digital companies (Section 19a GWB)* The Bundeskartellamt has today initiated a proceeding against Amazon based on the new rules for large digital companies. It is the second proceeding that the Bundeskartellamt has opened based on the (...)

The Italian Competition Authority fines a Big Tech company and imposes behavioral remedies for conduct deemed to constitute an abuse of dominant position (Google / Enel X)
Ashurst (Brussels)
Belgium 11 contributions 5062 visits
On 13 May 2021 the Italian Competition Authority ("ICA") published a decision fining and imposing behavioural remedies on Google for conduct deemed to constitute an abuse of a dominant position, by preventing Enel X from developing an app compatible with the Android Auto feature. Key (...)

The Italian Competition Authority fines a Big Tech company 100 million euros for abusing its dominant position (Google / Enel X)
Italian Competition Authority (Rome)
Italy 49 contributions 11424 visits
ICA: Google fined over 100 million for abuse of dominant position* The Antitrust Authority has ordered Google to include in Android Auto the Enel X app allowing the use of services related to the recharging of electric vehicles. The Italian Competition Authority has imposed a fine of over 100 (...)

The Italian Competition Authority fines €102 million a Big Tech company for refusal to interoperate and imposes specific remedies requested by the complainant (Google / Enel X)
Portolano Cavallo (Milan)
Italy 19 contributions 3081 visits
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Portolano Cavallo (Milan)
Italy 40 contributions 4677 visits
On May 13, 2021, the Italian Competition Authority (the “AGCM” or the “ICA”) fined Alphabet Inc., Google LLC, and Google Italy S.r.l. (“Google”) over 100 million EUR for abusing of a dominant position pursuant to Section 102 of the Treaty on the Functioning of the European Union (“TFEU”). In a rare (...)

The Russian Competition Authority issues a warning to a gas company on the need to reduce retail gasoline prices (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 47138 visits
FAS issued Lukoil-Yugnefteprodukt warning on the need to reduce retail gasoline prices* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly Service in the Republic of Kalmykia (...)

The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (GlaxoSmithKline)
Ashurst (London)
United Kingdom 19 contributions 3040 visits
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Ashurst (London)
United Kingdom 3 contributions 433 visits
The judgment was handed down by the Competition Appeal Tribunal ("CAT") in the paroxetine pay-for-delay case in 2018. However, the CAT decided to wait for a preliminary ruling from the European Court of Justice ("ECJ") on certain questions before determining the remaining grounds of appeal. (...)

The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines inflicted (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
Belgium 20 contributions 6105 visits
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of an (...)

The Australian Federal Court declares that a national ports operator abused its dominant position (TasPorts)
Australian Competition and Consumer Commission (Canberra)
Australia 269 contributions 54584 visits
TasPorts declared to have misused its market power* The Federal Court has declared by consent that Tasmanian Ports Corporation Pty Ltd engaged in conduct that had the likely effect of substantially lessening competition in the markets for towage and pilotage services in northern Tasmania, in (...)

The Australian Competition Authority settles allegations that port operator misused its market power by charging an access fee for marine services, which is likely to substantially lessen competition (Tasmanian Ports Corporation)
Jones Day (Melbourne)
Australia 10 contributions 1085 visits
The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the Competition and Consumer Act ("CCA"), amended in 2017, that prohibits "misuse of market power". The 2017 amendment prohibits a company with market power from pursuing (...)

The Polish Competition Authority initiates proceedings against multiple TV channel distributors for abusing their dominant position (Telewizja Polsat / Discovery)
Polish Competition Authority (Warsaw)
Poland 70 contributions 12464 visits
TV packages - President of The Office of Competition and Consumer Protection has initiated antitrust proceedings Tomasz Chróstny, President of the Office of Competition and Consumer Protection, has initiated two antitrust proceedings against Telewizja Polsat and four companies belonging to the (...)

The Indian Competition Authority dismisses a complaint against two regional development authorities and clarifies that a statutory body exercising economic functions cannot be guilty of abuse of dominance for policy-making decisions which apply equally to all market participants (Greater Noida Industrial Development Authority / New Okhla Industrial Development Authority)
Lakshmikumaran & Sridharan (New Delhi)
India 38 contributions 2826 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 38 contributions 2825 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 32 contributions 2574 visits
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KEY POINTS A statutory body exercising economic functions can not be said to have abused its dominant position in a particular relevant market for any decisions taken as part of the policy-making process, which apply equally to all market participants. BRIEF FACTS Three separate informations (...)

The Romanian Competition Authority fines €6,1 million a natural gas transportation company for abusing its dominant position (Delgaz Grid)
Romanian Competition Council (Bucharest)
Romania 72 contributions 15428 visits
The competition council has santioned Delgaz Grid sa with fine of euro 6,1 milion* The Competition Council has sanctioned Delgaz Grid SA, a member of E.ON group, with a fine of lei 30 million (approximately Euro 6.1 million) for abuse of dominant position on the market of services related to (...)

Mergers

 The Belgian Competition Authority unconditionally clears the acquisition of mobile telecommunications operator by its competitor (Mobile Vikings / Proximus)
Van Bael & Bellis (Brussels)
Belgium 35 contributions 8384 visits
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Van Bael & Bellis (Brussels)
Belgium 120 contributions 31992 visits
On 31 May 2021, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) unconditionally cleared the acquisition of mobile telecommunications operator Mobile Vikings (...)

The Dutch Competition Authority clears a merger between two gas companies (Primagaz / Benegas)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 156 contributions 24344 visits
ACM clears acquisition of gas company Primagaz by rival company Benegas* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of gas company Primagaz Nederland by rival company Benegas. ACM does not expect the acquisition to lead to any price increases. The gas (...)

The Belgian Competition Authority clears a merger between a telecom provider and a mobile virtual network operator (Proximus / Mobile Vikings)
Bird & Bird (Brussels)
Belgium 12 contributions 1591 visits
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Bird & Bird (Brussels)
Belgium 3 contributions 814 visits
In February 2021, Proximus, Belgium’s incumbent telecom provider, started prenotification talks with the Belgian Competition Authority (BCA) with a view to taking over Mobile Vikings, a mobile virtual network operator (MVNO), which previously formed part of the DPG group. As part of its (...)

The French Competition Authority clears the acquisition of safety instrumentation and control undertaking by a national electricity company’s subsidiary (Framatome / Rolls-Royce)
French Competition Authority (Paris)
France 666 contributions 298381 visits
The Autorité clears the acquisition of the Rolls-Royce Group’s safety instrumentation and control business by Framatome, an EDF subsidiary* On 20 April 2021, Framatome notified the Autorité de la concurrence of its plan to acquire sole control of the entire safety instrumentation and control (...)

The Norwegian Competition Tribunal upholds the Competition Authority’s decision to block a merger between two media companies (Schibsted / Nettbil)
Norwegian Competition Authority
Norway 19 contributions 2418 visits
Competition Tribunal upholds decision to block Schibsted’s acquisition of Nettbil* The Competition Tribunal agrees with the Norwegian Competition Authority that Schibsted’s acquisition of Nettbil should be prohibited. Schibsted ASA and Nettbil AS operate competing digital marketplaces for (...)

The Norwegian Competition Authority announces that a UK publishing company withdrew its notification of the merger with a competitor (Bonnier Books / Strawberry Publishing Norge)
Norwegian Competition Authority
Norway 19 contributions 2418 visits
Bonnier Books withdraws notification of merger* Bonnier Books has informed the Norwegian Competition Authority that it withdraws the notification of the merger between Bonnier Books Holding AB and Strawberry Publishing Norge AS. The transaction was notified to the Norwegian Competition (...)

The US DoJ approves merger of two Midwestern banks subject to the divestment of 13 bank branches in certain local markets (Huntington Bancshares Incorporated / TCF Financial Corporation)
US Department of Justice (Washington)
United States 106 contributions 31617 visits
Justice Department Requires Divestitures in Huntington Bancshares Incorporated’s Acquisition of TCF Financial Corporation* Thirteen Branches in Michigan will be Divested — Ensuring Bank Customers Have Access to Competitively Priced Products and Services The Department of Justice announced today (...)

The UK Competition Appeal Tribunal releases a judgment confirming the Competition Authority’s decision to block the merger between two software suppliers (Sabre / Farelogix)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
CMA welcomes Tribunal judgment in Sabre case* The CMA welcomes today’s Competition Appeal Tribunal judgment, dismissing Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix. Photograph of an airplane in the sky. Today’s judgment endorses the Competition and (...)

The UK Competition Appeal Tribunal hands down a judgment dismissing a software supplier’s application for review of the Competition Authority decision’s to prohibit a merger (Sabre / Farelogix)
Ashurst (London)
United Kingdom 15 contributions 4014 visits
On 21 May 2021, the Competition Appeal Tribunal ("CAT") handed down a judgment dismissing Sabre’s application for review of the Competition and Markets Authority ("CMA") decision to prohibit the Sabre/Farelogix merger. Sabre had challenged the CMA’s jurisdiction to review the merger, which it had (...)

The UK Competition Appeal Tribunal, in a merger case involving two companies providing technology solutions to the travel industry, confirms the Competition Authority’s broad discretion to review deals with limited UK nexus (Sabre / Farelogix)
Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 626 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 662 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 5 contributions 839 visits
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In a continuing trend of increased regulatory intervention in deals globally, the UK’s Competition Appeal Tribunal (Tribunal) has confirmed that the Competition and Markets Authority (CMA) has broad discretion to claim jurisdiction over mergers, even where one party has very limited and indirect (...)

The Australian Competition Authority proposes to authorize a merger between two national health companies (Honeysuckle Health / Nib Health Funds)
Australian Competition and Consumer Commission (Canberra)
Australia 269 contributions 54584 visits
ACCC proposes to authorise Honeysuckle Health and nib buying group* The ACCC has issued a draft determination proposing to authorise Honeysuckle Health and nib health funds (ASX: NHF) to form and operate a health services buying group for five years. The proposed authorisation will include a (...)

The Australian Competition Authority clears the merger between two tech companies (Salesforce / Slack)
Australian Competition and Consumer Commission (Canberra)
Australia 269 contributions 54584 visits
Salesforce and Slack deal not opposed* The ACCC will not oppose the proposed acquisition of Slack Technologies, Inc. (Slack) by salesforce.com, inc. (Salesforce). Salesforce is a global supplier of customer relationship management (CRM) software. Slack is an enterprise collaboration (...)

The French Competition Authority clears the takeover of 128 shoe stores but subjects the company to the divestiture of four of its stores (La Halle / Chaussea)
French Competition Authority (Paris)
France 666 contributions 298381 visits
The Autorité clears the takeover of 128 La Halle stores by Chaussea, subject to the divestiture of 4 stores* On 17 June 2020, Chaussea notified the Autorité de la concurrence of its plan to acquire 128 stores operating under the La Halle brand. The acquisition is in the context of the opening (...)

The Dutch Competition Authority further investigates a merger between two national clinics (Eurocept and Excellent Clinics / Mediq)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 156 contributions 24344 visits
Further investigation needed into the acquisition of Eurocept and Excellent Clinics by Mediq* Mediq Nederland wishes to acquire Eurocept Homecare and Excellent Clinics. Mediq and Eurocept supply, among other products, medical aids and medical nutrition to patients that receive care at home. In (...)

The South African Competition Authority publishes guidelines that will require small mergers in the digital market to be notified for review
Gleiss Lutz (Stuttgart)
1 contribution 834 visits
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Primerio (Johannesburg)
South Africa 6 contributions 3839 visits
South Africa: Small merger notifications: the SACC joins the European commission in expanding the application of small merger notifications to ‘Digital Markets’* Introduction The South African Competition Commission (“SACC”) recently published amended draft guidelines for notification of small (...)

The US Surface Transportation Board rules that a merger involving a Canadian national railway does not qualify for a waiver from the current class I merger review process and denies the railway’s proposed voting trust for now (CN / KCS)
Commonwealth Secretariat (London)
United Kingdom 38 contributions 16868 visits
Introduction Courting of the Kansas City Southern railway (‘KCS’) continues full steam ahead and there is now a new suitor on the scene. KCS terminated an earlier corporate-friendly merger agreement with Calgary-based Canadian Pacific Railway Ltd. (‘CP’) on 21 May 2021 to forge a merger proposal (...)

The UK Competition Authority welcomes the Court of Appeal’s decision to dismiss a big tech company’s grounds of appeal regarding how companies engage with the authority (Facebook / Giphy)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
CMA welcomes Court judgment in Facebook and Giphy case* The CMA has today welcomed the Court of Appeal’s decision to dismiss all 4 of Facebook’s grounds of appeal in a key case on how companies engage with the CMA. The Court of Appeal criticised Facebook’s conduct, saying the “central problem in (...)

The US Senate Judiciary Committee approves new HSR filing fees for large mergers and would require them to be adjusted annually based on changes in the consumer price index
Sheppard Mullin (Los Angeles)
United States 11 contributions 1658 visits
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Sheppard Mullin (Washington)
États-Unis 12 contributions 1568 visites
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Sheppard Mullin (Washington)
États-Unis 12 contributions 1694 visites
HSR Filing Fees For Large Acquisitions May Be Increased* On May 13th, the Senate Judiciary Committee approved and sent on to the full Senate the “Merger Filing Fee Modernization Act of 2021.” The Bill, sponsored by Senators Amy Klobuchar and Chuck Grassley, and approved with bipartisan support, (...)

The Australian Competition Authority authorizes several energy companies to enter into a joint venture (Vali gas)
Australian Competition and Consumer Commission (Canberra)
Australia 269 contributions 54568 visits
Vali gas joint venture participants granted authorisation for joint marketing* The ACCC has granted authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)

The French Competition Authority prohibits the acquisition of sole control of the company owning and managing a pipeline network that supplies refined oil products in the south-east of France (Pipeline Méditerranée-Rhône / Ardian)
Ashurst (Paris)
France 22 contributions 4452 visits
On 12 May 2021, the French Competition Authority ("FCA") prohibited the acquisition of sole control of the company owning and managing a pipeline network which supplies refined oil products in the south-east of France. It is only the second prohibition decision since the creation of the FCA. (...)

The French Competition Authority blocks the takeover in the transport sector (Pipeline Méditerranée-Rhône / Ardian)
French Competition Authority (Paris)
France 666 contributions 298381 visits
Hydrocarbon transport by pipeline: the Autorité blocks the takeover of Société du Pipeline Méditerranée-Rhône (SPMR) by Ardian group* Background The Ardian group, which is notably active in the transport, telecommunications and renewable energy sectors, has notified the Autorité of its planned (...)

The Canadian Competition Authority encourages interested parties to share their views with the task force examining the effects of pharmaceutical mergers
Canadian Competition Bureau (Gatineau)
Canada 25 contributions 4210 visits
Interested parties encouraged to share views with task force examining effects of pharmaceutical mergers* Through its participation in the Multilateral Pharmaceutical Merger Task Force, the Competition Bureau, with its counterparts in the U.S., the European Union and the U.K., is reviewing its (...)

The Israeli Competition Authority considers imposing a fine on a big tech company for gun-jumping in two takeovers of national companies (Facebook / RedKix / Service Friend)
Israel Competition Authority (Jerusalem)
Israel 8 contributions 1187 visits
The Director General for Competition is considering to impose monetary sanctions on Facebook a for a violation of the Economic Competition Law by consummating transactions in Israel without the Director General’s consent* The Director General for Competition notified Facebook today, May 11, (...)

The UK Competition Authority announces the withdrawal of two IT companies from their intended merger (Isosec / Imprivata)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 242 contributions 60052 visits
Imprivata and Isosec abandon merger during CMA investigation* Imprivata and Isosec have abandoned their proposed tie-up after the CMA found competition concerns. Based on assurances received from Imprivata that the deal has been abandoned, the Competition and Markets Authority (CMA) has (...)

The EU Commission fines a chemical company €7.5 million for providing misleading information during an investigation regarding its merger with a competitor (Sigma-Aldrich / Merck)
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
Mergers: Commission fines Sigma-Aldrich €7.5 million for providing misleading information during Merck takeover investigation* The European Commission has fined Sigma-Aldrich €7.5 million for providing incorrect or misleading information during the Commission’s investigation under the EU Merger (...)

The EU Commission imposes a € 7.5 million fine on a chemical company for providing misleading information during the review of its acquisition (Sigma-Aldrich / Merck)
Van Bael & Bellis (Brussels)
Belgium 20 contributions 4999 visits
On 3 May 2021, the Commission imposed a € 7.5 million fine on Sigma-Aldrich for providing incorrect and misleading information during the Commission’s review of its acquisition by Merck. While this is only the third fine the Commission has imposed on this basis, it extends the Commission’s (...)

The Indonesian Competition Authority imposes penalties on six companies for failing to notify their respective transactions in accordance with the mandatory post-closing notification requirements under the national merger control regime (Taiko Plantations / Aplikasi Karya Anak Bangsa / Saratoga Investama Sedaya / Dharma Satya Nusantara / Travel Circle / Orix)
Ashurst (Singapore)
Singapore 9 contributions 12836 visits
Key takeaways The Indonesian merger regime requires notifiable transactions to be submitted 30 days post-closing. Failure to meet filing deadlines could result in fines of at least IDR 1 billion being imposed. There is no express statute of limitations pursuant to the merger regime, meaning the (...)

State Aid

 The EFTA Surveillance Authority approves support to organisers of package travels in Norway in the context of the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves support to organisers of package travels in Norway* The EFTA Surveillance Authority (ESA) has today approved a scheme that will help ensure that organisers of package travels can obtain refund guarantees from insurance companies and continue operations. In (...)

The EFTA Surveillance Authority approves a Norwegian compensation scheme for organisers of canceled or downscaled cultural events in the context of the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves Norwegian compensation scheme for organisers of cancelled or downscaled cultural events* The EFTA Surveillance Authority (ESA) has today approved a Norwegian scheme to compensate organisers and subcontractors for losses related to cancelled or downscaled (...)

The EU Commission approves a €2.1 billion German State aid scheme to support the roll-out of infrastructure for high-speed mobile communication services
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission approves €2.1 billion German scheme to support roll-out of infrastructure for high speed mobile communication services in underserved areas in Germany* The European Commission has approved, under EU State aid rules, a €2.1 billion German aid scheme to support the (...)

The EU Commission approves the modification of the existing German State aid scheme to support rail freight operators and mitigate the effects of COVID-19 pandemic on the sector Free
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission approves modification of existing German scheme to support rail freight operators and mitigate effects of coronavirus outbreak on the sector* The European Commission has approved, under EU State aid rules, the modification of an existing German aid scheme to support rail (...)

The EFTA Surveillance Authority approves the renewal and adjustments to a Norwegian compensation scheme for businesses in the context of COVID-19 Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves renewal and adjustments to a Norwegian compensation scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the renewal of a Norwegian scheme providing compensation to companies suffering losses due to the COVID-19 pandemic. The scheme, (...)

The EU Court of Justice examines whether a national measure providing for the payment of compensation to farmers for the slaughter of diseased animals constitutes new or existing aid (Azienda Sanitaria Provinciale di Catania / Assessorato della Salute della Regione Siciliana)
Maastricht University
Belgique 295 contributions 47285 visites
Introduction Any change to an approved aid measure that affects its compatibility with the internal market turns it into a new aid that has to be re-notified to the European Commission for authorization. If it is not re-notified it becomes illegal aid and possibly incompatible aid, unless it (...)

The EU General Court rules that limiting State aid due to COVID-19 to companies which have a durable link with the local economy can be compatible with the internal market (Ryanair) Free
Maastricht University
Belgique 295 contributions 47285 visites
Is State Aid for Locally Established Undertakings Compatible with the Internal Market?* Limitation of State aid to companies which have a durable link with the local economy can be compatible with the internal market. Introduction By prohibiting barriers to free movement and establishment in (...)

The EFTA Surveillance Authority approves a Norwegian aid to businesses for lost inventory due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves Norwegian aid to businesses for lost inventory* The EFTA Surveillance Authority (ESA) has today approved a scheme to compensate restaurants, bars, certain hotels, cafés and flower shops for losses in spoiled inventory that could no longer be sold or used. (...)

The EU General Court delivers three judgments State aid granted to support airlines in the aftermath of the COVID-19 pandemic (Ryanair) Free
Van Bael & Bellis (Brussels)
Belgium 32 contributions 4749 visits
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Van Bael & Bellis (Brussels)
Belgium 144 contributions 28898 visits
On 19 May 2021, the General Court of the European Union (“GC”) delivered three further judgments in cases brought by Ryanair concerning State aid granted to support other airlines in the aftermath of the COVID-19 pandemic. In one of these cases, the GC rejected Ryanair’s action for annulment (...)

The EU General Court clarifies the relationship between the rules on State aid and the principle of non-discrimination on grounds of nationality (Ryanair) Free
General Court of the European Union (Luxembourg)
Luxembourg 31 contributions 12964 visits
The solvency support fund for strategic Spanish undertakings experiencing temporary difficulties due to the impact of the Covid-19 pandemic is compatible with EU law* The measure at issue, intended for the adoption of recapitalisation measures with a budget of €10 billion, constitutes a State (...)

The EU General Court annuls for inadequate reasoning two COVID-19 related State aid decisions granted by the Netherlands and Portugal while also confirming in a third decision the legality of a Spanish State aid scheme in the air transport sector (Ryanair) Free
Jones Day (Brussels)
Belgium 8 contributions 2128 visits
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Jones Day (Brussels)
Belgium 21 contributions 22343 visits
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Jones Day (Brussels)
Belgium 9 contributions 2465 visits
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On 19 May 2021, the General Court (“GC”) annulled two decisions of the European Commission, following Ryanair’s challenges of State aid granted to respectively TAP (Portugal’s national airline) and KLM (subsidiary of the Air France-KLM holding company). In June and July 2020, TAP and KLM received (...)

The EU General Court annuls the Commission’s decisions authorising State aid schemes granted by Portugal and the Netherlands to two airline companies (Ryanair) Free
Maastricht University
Belgique 295 contributions 47285 visites
State Aid to Group of Companies* In assessing the compatibility of State aid with the internal market, the Commission must also consider previous awards to a legally distinct but related company. In assessing the need for rescue/restructuring aid, the Commission must also consider whether the (...)

The EFTA Surveillance Authority approves amendments to the Norwegian aid scheme for voluntary organisations due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
19 pandemic: ESA approves amendments to Norwegian aid scheme for voluntary organisations* The EFTA Surveillance Authority (ESA) has today approved prolonging support to voluntary organisations experiencing financial challenges as a result of COVID-19-containment measures. The budget is also (...)

The EU General Court annuls the Commission’s decision that ordered the recovery of €283 million from a Big Tech company back to a country for State aid (Amazon)
Maastricht University
Belgique 295 contributions 47285 visites
Amazon and the Difficulty of Finding a Comparable Tax Payer* To apply the Arm’s Length Principle to transactions between two related companies, the Commission must identify the less complex company of the two and compare it to a similar independent company. Methodological errors in the (...)

The EFTA Surveillance Authority approves amendments to Norwegian liquidity support scheme for tourism sector amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves amendments to Norwegian liquidity support scheme for tourism sector* The EFTA Surveillance Authority (ESA) has today approved a prolongation of a liquidity support scheme to Norway’s tourism sector. The scheme is also amended to allow for increased support and to (...)

The EU Court of Justice upholds the Commission’s action for failure to fulfill obligations against Greece for granting illegal aid to farmers
European Court of Justice (Luxembourg)
Luxembourg 31 contributions 9658 visits
Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions* In 2009, the Greek Agricultural Insurance Organisation (ELGA) – a public body the purpose of which is to insure agricultural holdings against (...)

The EFTA Surveillance Authority approves the prolongation and amendments brought to two Norwegian aid schemes that provide support to event organizers facing continued financial losses due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves prolongation and amendments to financial aid schemes for organisers of events in the sporting and voluntary sectors in Norway* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments to two Norwegian aid schemes that provide (...)

The EU General Court annuls the Commission’s decision declaring the aid granted in favour of a Luxembourg subsidiary of a big tech company incompatible with the internal market (Amazon)
General Court of the European Union (Luxembourg)
Luxembourg 31 contributions 12964 visits
No selective advantage in favour of a Luxembourg subsidiary of the Amazon group: the General Court annuls the Commission’s decision declaring the aid incompatible with the internal market* According to the General Court, the Commission did not prove to the requisite legal standard that there (...)

The EU Court of Justice finds that Greece had not informed the Commission promptly and sufficiently of a State aid measure and did not fulfill its obligations to implement the recovery
Maastricht University
Belgique 295 contributions 47285 visites
The article reviews Case C-11/20 The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid* Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and (...)

The EU General Court overrules the Commission’s decision which found that Luxembourg granted State aid to a big tech company (Amazon)
Free University of Brussels (ULB)
Belgium 16 contributions 27015 visits
On 12 May 2021, the General Court ("GC") overruled the Commission’s decision finding that Luxembourg granted State aid to Amazon. It found that the Commission had failed to demonstrate that the intra-group transfer price at issue deviated from an arm’s length outcome and that Amazon’s tax burden (...)

The EU Commission publishes results of its evaluation of the EU State aid rules for agriculture, forestry, and rural areas
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission publishes results of evaluation of EU State aid rules for agriculture, forestry and rural areas* The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules for the agriculture and forestry (...)

The EU Commission approves a €500 million Greek scheme to support food service companies affected by the COVID-19 pandemic Free
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission approves €500 million Greek scheme to support food service companies affected by coronavirus outbreak The European Commission has approved, under EU State aid rules, a €500 million Greek support scheme to support food service companies affected by the coronavirus outbreak. (...)

The EFTA Surveillance Authority approves the prolonging of support for large public events in Norway Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves prolonging support for large public events in Norway* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments of a scheme offering compensation to organisers of large public events that must be downscaled or cancelled as a result (...)

The EFTA Surveillance Authority approves amendments and prolongations to Icelandic business-support schemes Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves amendments and prolongations to Icelandic business-support schemes* The EFTA Surveillance Authority (ESA) has today approved amendments and prolongations to the closure grants and resilience grants schemes providing support to companies suffering income losses (...)

The EU Commission approves a €1.9 billion Czech scheme to support companies in context of the COVID-19 pandemic Free
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission approves €1.9 billion Czech scheme to support companies in context of coronavirus outbreak* The European Commission has approved an approximately € 1.9 billion (CZK 50 billion) Czech scheme to support companies affected by the coronavirus outbreak. The scheme was approved (...)

The EFTA Surveillance approves compensation to producers of eligible Norwegian culture films Free
EFTA Surveillance Authority (Brussels)
Belgium 90 contributions 17948 visits
COVID-19 pandemic: ESA approves compensation to producers of eligible Norwegian culture films* The EFTA Surveillance Authority (ESA) has today approved a scheme compensating film producers for losses due to the closure of cinemas or restrictions in seating capacity. The Norwegian authorities (...)

The EU General Court examines several measures in favour of postal services that are classified as services of general economic interest (ITD / Brancheorganisation / Danske Fragtmænd)
Maastricht University
Belgique 295 contributions 47285 visites
Compensation for Universal Service Provision* Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because the calculation of the compensation (...)

The EU Commission approves €400 million Danish aid scheme to support the production of electricity from renewable energy sources
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
State aid: Commission approves €400 million Danish aid scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Danish aid scheme to support electricity production from renewable sources. The measure will help (...)

Procedures

 The UK Competition Appeal Tribunal confirms the Competition Authority’s broad approach to the share of supply test resulting in the decision to block the merger between two software suppliers in a first case where the cartelist’s fine is reduced due to implementing a compliance program (Sabre / Farelogix)
Herbert Smith Freehills (London)
United Kingdom 15 contributions 4776 visits
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Herbert Smith Freehills (Brussels)
Belgium 26 contributions 9300 visits
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Herbert Smith Freehills (London)
United Kingdom 39 contributions 12019 visits
In its judgment of 21 May 2021 the Competition Appeal Tribunal (“CAT”) upheld the CMA’s approach in applying the share of supply test to assert jurisdiction over Sabre’s acquisition of Farelogix, (with the CMA ultimately prohibiting the transaction following an in-depth investigation). The CAT (...)

The UK Competition Appeal Tribunal endorses the Competition Authority’s broad discretion in relation to the share of supply test (Sabre / Farelogix)
Van Bael & Bellis (London)
10 contributions 1499 visits
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Van Bael & Bellis (London)
4 contributions 606 visits
On 21 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) unanimously dismissed an appeal by aviation technology and software supplier Sabre against the decision of the UK Competition and Markets Authority (“CMA”) to block its acquisition of travel industry software innovator Farelogix. Sabre’s (...)

The EU General Court issues two decisions on State Aid appeals brought by a major big tech company and an energy company (Amazon) (Engie)
Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 343 visits
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Arendt & Medernach (London)
2 contributions 735 visits
On May 12, 2021, the General Court of the European Union (EU) published its decisions on the appeals against the findings of the European Commission (EC) that State aid had been granted to Amazon and Engie by Luxembourg in the form of tax rulings resulting in non-arm’s length transfer pricing (...)

The EU General Court delivers two new landmark rulings in the field of State aid and taxation against a big tech company and an energy company (Amazon) (Engie)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 4749 visits
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Van Bael & Bellis (Brussels)
Belgium 144 contributions 28898 visits
On 12 May 2021, the General Court of the European Union (“GC”) delivered two important judgments concerning tax rulings granted by Luxembourg to Amazon (Joined cases T-816/17, Luxembourg v Commission and T-318/18, Amazon EU and Amazon.com v Commission) and Engie (Joined cases T-516/18, Luxembourg (...)

Regulatory

 The UK Competition Authority and the Data Protection Authority publish a joint statement on how competition and data protection issues overlap in the digital economy
Bird & Bird (London)
United Kingdom 18 contributions 2438 visits
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Bird & Bird (London)
United Kingdom 5 contributions 2372 visits
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Bird & Bird (London)
United Kingdom 1 contribution 434 visits
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The well-known (and somewhat over-simplistic) paradox that data protection laws aim to keep personal data contained whilst competition law wants personal data to be more freely available is the premise behind the two UK regulators’ latest collaboration. In the last two years, the UK Data (...)

The Latvian Competition Authority develops a self-assessment tool for assessment of vertical agreements for entrepreneurs
Latvian Competition Council (Riga)
103 contributions 18289 visits
The Competition Council develops a self-assessment tool for assessment of vertical agreements for entrepreneurs* The Competition Council of Latvia (the CC) develops a self-assessment tool for entrepreneurs so that they could be able to assess independently whether they have not engaged in a (...)

The EU Commission publishes the results of its evaluation of the horizontal block exemption regulations and guidelines for R&D
Covington & Burling (Brussels)
Belgium 36 contributions 11818 visits
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Covington & Burling (Brussels)
Belgium 4 contributions 803 visits
On 6 May 2021, the European Commission (“Commission”) published the findings of its evaluation of the horizontal block exemption regulations for Research & Development (“R&D BER”) and specialisation agreements (“Specialisation BER”, together “HBERs”), as well as the accompanying Horizontal (...)

The EU Commission proposes a regulation to address the distortions caused by foreign subsidies in the single market
DG COMP (Brussels)
Belgium 905 contributions 1988826 visits
Commission proposes new Regulation to address distortions caused by foreign subsidies in the Single Market* The European Commission proposes today a new instrument to address potential distortive effects of foreign subsidies in the Single Market. Today’s legislative proposal follows the (...)

The EU Commission adopts a proposal for a regulation to combat distortions of competition caused by subsidies granted by non-EU states
Norton Rose Fulbright (Brussels)
Belgium 25 contributions 11592 visits
"Anti-Subsidy” Regulation – A New Big Stick in the EU Regulatory Arsenal"* On May 5, 2021, the European Commission (the Commission) adopted a proposal for a regulation (the Anti-Subsidy Regulation) to combat distortions of competition in the European Union (EU) caused by subsidies granted by (...)

The EU Commission proposes a far-reaching regulation to tackle foreign subsidies
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 497 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 23 contributions 28777 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 295 visits
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On May 5, 2021, the European Commission (“EC”) proposed a new draft regulation that, if adopted, would introduce sweeping measures aimed at controlling the impact of foreign subsidies on the EU single market (“Proposed Regulation”). The Proposed Regulation reflects the EU’s policy priority to (...)

The EU Commission issues its regulatory proposal containing novel measures to tackle foreign subsidies distorting the EU market
Herbert Smith Freehills (Brussels)
Belgium 81 contributions 55114 visits
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Herbert Smith Freehills (Brussels)
Belgium 5 contributions 1012 visits
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Herbert Smith Freehills (Brussels)
Belgium 26 contributions 9300 visits
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On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)

The EU Commission adopts far-reaching proposals to control foreign subsidies
White & Case (Brussels)
Belgium 48 contributions 48701 visits
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White & Case (Brussels)
Belgium 7 contributions 1816 visits
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White & Case (Dusseldorf)
Germany 21 contributions 8690 visits
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On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in the EU with backing from non-EU States. The new instrument targets (...)

The EU Commission issues its proposal to create wide-ranging powers to tackle non-EU subsidies which may distort competition in the Single Market
Dechert (Brussels)
Belgium 23 contributions 29556 visits
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Dechert (Brussels)
Belgium 5 contributions 1863 visits
On May 5 the European Commission issued its proposal to create wide-ranging powers to tackle non-European subsidies which may distort competition in Europe. The proposal introduces three different regimes: An ex officio investigation up to 10 years after the subsidy was received. A mandatory (...)

The EU Commission proposes a regulation that introduces more scrutiny for companies receiving foreign subsidies
Covington & Burling (Brussels)
Belgium 23 contributions 10753 visits
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Covington & Burling (Seoul)
South Korea 3 contributions 1108 visits
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Covington & Burling (Brussels)
Belgium 8 contributions 1718 visits
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Companies that benefit from non-EU state support or subsidies will soon face heightened scrutiny in the European Union (EU) as the European Commission unveiled on May 5 its proposed Regulation on foreign subsidies distorting the internal market. As its name suggests, the proposed Regulation (...)

The EU Commission proposes a regulation of foreign subsidies
Baker McKenzie (Brussels)
Belgium 3 contributions 627 visits
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Baker McKenzie (Brussels)
Belgium 8 contributions 4015 visits
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Baker McKenzie (Brussels)
Belgium 5 contributions 1694 visits
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In brief On 5 May 2021, the European Commission ("Commission") published a proposed Regulation, along with an impact assessment report, aiming to address potential distortions caused by foreign subsidies in the Single Market ("Proposed Regulation"). This Proposed Regulation will create (...)

The EU Commission unveils its proposed regulation on foreign subsidies
Van Bael & Bellis (Brussels)
Belgium 20 contributions 5002 visits
On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies distorting the internal market (“Proposed Regulation”), following on from an initial framework laid out in a White Paper in June 2020. Broadly speaking, through the Proposed Regulation, the Commission aims to (...)

The EU Commission adopts a proposal for a regulation on foreign subsidies that might be distorting the internal market
Jones Day (Paris)
France 1 contribution 331 visits
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Jones Day (Brussels)
Belgium 27 contributions 18837 visits
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Jones Day (Brussels)
Belgium 8 contributions 2128 visits
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In Short The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field in the EU. The Result: As anticipated in our recent Alert, (...)

The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 36 contributions 17201 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 56 contributions 24556 visits
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
China 7 contributions 2106 visits
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The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include: Mandatory notification of acquisitions where the target’s EU turnover (...)

The EU Parliament and Council debate the Commission’s proposed regulation on foreign subsidies, which covers subsidies granted by third countries that have the potential to distort competition in the EU New
Oxera (Brussels)
Belgium 2 contributions 65 visits
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Oxera (Brussels)
Belgium 11 contributions 8558 visits
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Oxera (Amsterdam)
Netherlands 6 contributions 1537 visits
Third country, second thoughts? The EU’s foreign subsidies regulation The European Parliament and the Council are currently debating the European Commission’s proposed regulation on foreign subsidies, which covers subsidies granted by third countries that have the potential to distort (...)

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