May 2022

General antitrust

 The Australian Competition Authority commits to increasing scrutiny of digital payment systems
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
ACCC focused on competition issues with shift to digital payments* Competition in payments markets, investigating allegations of anti-competitive conduct, and protecting the interests of consumers will be the focus of the ACCC’s financial services enforcement and policy work over the next (...)

The French Competition Authority publishes a new framework document on competition compliance programmes
French Competition Authority (Paris)
France 747 contributions 409109 visits
The Autorité publishes a new framework document on competition compliance programmes* The revision of the compliance framework document initially published in 2012 A group of experts from the private sector (companies, trade associations and law firms) and representatives of the Autorité (...)

The Lithuanian Competition Authority says that municipalities which conclude in-house contracts without organizing competitive public procurement procedures may be subject to competition investigations
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20818 visits
In-house contract can be concluded only in exceptional cases after assessing its impact on fair competition* The Lithuanian competition authority Konkurencijos taryba supervising how municipalities comply with the Law on Competition when concluding in-house contracts will analyse whether (...)

The New Zealand Competition Authority says new powers will be used to review fees charged by the two biggest credit and debit card networks with the goal of increasing competition (Mastercard / Visa)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Mastercard and Visa networks will be initial focus for Commission under new Act* Under the new Retail Payment Systems Act 2022, the Mastercard and Visa credit and debit card networks will be the initial focus of the Commerce Commission’s work to promote competition and efficiency in the (...)

The Belgian Competition Authority publishes its annual notice on enforcement priorities, including institutional changes, sustainability goals, and labour markets focus
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9887 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 5318 visits
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Allen & Overy (Brussels)
Belgium 13 contributions 4847 visits
On May 16, 2022, the Belgian Competition Authority (BCA) published its long-awaited notice on enforcement priorities for 2022 (Notice). The BCA explains that, with a view to making the best use of its resources, it will focus its interventions on matters where the expected positive effect of (...)

The EU Commission adopts new Vertical Block Exemption Regulation (VBER) and Vertical Guidelines
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
Antitrust: Commission adopts new Vertical Block Exemption Regulation and Vertical Guidelines* The European Commission has adopted today the new Vertical Block Exemption Regulation (‘VBER’) accompanied by the new Vertical Guidelines, following a thorough evaluation and review of the 2010 (...)

The EU Commission sets out new rules on dual distribution agreements, parity clauses and resale price maintenance in its revised Vertical Block Exemption Regulation and guidelines on vertical restraints
Hogan Lovells (Düsseldorf)
Germany 1 contribution 609 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4278 visits
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Hogan Lovells (Brussels)
Belgium 3 contributions 1751 visits
On 1 June 2022, the European Commission’s revised Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints entered into force. Adding to our article on the highly controversial issue of dual distribution, this post focuses on three other essential (...)

The EU Commission and UK Parliament revamp antitrust rules on distribution arrangements in new Vertical Block Exemption Rules
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27864 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33123 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 7434 visits
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EU and UK Revamp Antitrust Rules on Distribution Arrangements* Significantly updated antitrust rules governing common distribution practices took effect in both the European Union and U.K. on June 1, 2022. These constitute a significant change in policy and provide greater clarity to (...)

The EU Commission publishes new competition rules for vertical agreements
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73992 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 23 contributions 6054 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21630 visits
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Following a comprehensive review and consultation process, the new revised EU vertical agreements block exemption Regulation (VBER) and Guidelines have now been published and will come into force on 1 June 2022. The Commission’s stated objectives of the review process were to adjust the safe (...)

The UK Competition Authority publishes code of conduct advice for Big Tech platforms and publishers
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
CMA publishes code of conduct advice for platforms and publishers* Big tech companies should agree fairer deals with online publishers in order to use their content, according to the UK’s competition watchdog. The Competition and Markets Authority (CMA) has today published its joint advice (...)

The UK Government publishes its proposals for a new pro-competition regime in digital markets
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9594 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3060 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21630 visits
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On 6 May 2022 the UK government published its response to the July 2021 consultation on a new pro-competition regime for digital markets (see our blog post here), setting out its proposals for the design of a new regime to proactively shape the behaviour of the most powerful technology firms (...)

The Fijian Competition Authority seeks tougher penalties for businesses engaging in fuel hoarding
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 968 visits
FCCC Considers Increasing Penalty for Fuel Hoarders* The Fijian Competition and Consumer Commission (FCCC) is considering making submissions to the Fijian Government to impose harsher penalties on fuel traders or businesses found engaging in hoarding. Hoarding, in this context, refers to (...)

Anticompetitive practices

 The German Competition Authority declares non-compete clauses in a web of distribution agreements concluded by Germany’s main power tool manufacturer to be incompatible with competition rules, but does not impose fines (STIHL)
Hogan Lovells (Düsseldorf)
Germany 6 contributions 1068 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4278 visits
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Hogan Lovells (Brussels)
Belgium 3 contributions 1751 visits
Introduction In its decision of May 31, 2022, the German Federal Cartel Office (“FCO”) determined the unlawfulness of a non-compete clause in the distribution agreements of STIHL Vertriebszentrale AG & Co. KG, a subsidiary of German chainsaw manufacturer STIHL Holding AG & Co. KG (...)

The Turkish Administrative Court Ankara annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83898 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2413 visits
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Havard Law School (Cambridge, MA)
United States 6 contributions 2831 visits
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The Ankara 9th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the (...)

The New Zealand Competition Authority declines clearance for agreements between a gym-owner and their franchisees which would have permitted the setting of price ceilings and floors (Anytime NZ)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Commission declines clearance for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has declined to give clearance to Anytime NZ Limited (Anytime NZ) to enter into proposed agreements with its franchisees that would have contained or may have (...)

The Portuguese Competition Authority sanctions electronic publishing companies for cartel infringements (Moody’s / Informa D&B)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30093 visits
AdC sanctions Moody’s and Informa D&B for cartel* The AdC issued a sanctioning decision against Bureau Van Dijk Electronic Publishing, Unipessoal, Lda (Bureau Van Dijk), of Moody’s Group, and Informa D&B - Serviços de Gestão Empresarial Soc. Unipessoal, Lda (Informa D&B) for a (...)

The Australian Competition Authority brings an action against a payment services giant alleging that it conducted exclusive dealing agreements (Mastercard)
Ashurst (Sydney)
Australia 6 contributions 814 visits
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Ashurst (Sydney)
Australia 1 contribution 153 visits
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Ashurst (Sydney)
Australia 3 contributions 479 visits
What you need to know The Australian Competition and Consumer Commission has commenced proceedings against Mastercard, alleging it misused its market power and engaged in exclusive dealing, in contravention of the Competition and Consumer Act 2010 (Cth) (CCA). Mastercard allegedly engaged in (...)

The Australian Competition Authority institutes court proceedings against a major debit card company for allegedly engaging in conducts to lessen competition in debit card acceptance services (Mastercard)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
Mastercard in court for alleged misuse of market power over card payments* The ACCC has instituted proceedings in the Federal Court against Mastercard Asia/Pacific Pte Ltd and Mastercard Asia/Pacific (Australia) Pty Ltd (together, Mastercard), for allegedly engaging in conduct with the (...)

The Turkish Competition Authority issues first decision where leniency and settlement procedures are implemented together (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret / Kınık Maden Suları)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8026 visits
The First Decision where Leniency and Settlement Procedures are Implemented Together (25.5.2022) The investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret A.Ş. and Kınık Maden Suları A.Ş. was concluded. (26.5.2022)* The investigation (...)

The Turkish Competition Authority imposes administrative monetary fines on two companies for customer allocation following a leniency application, despite two dissenting opinions underlining the necessity for an effects-based analysis (Transorient / Tunaset)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83898 visits
The Turkish Competition Board (“Board”) imposed administrative monetary fines against Transorient Uluslararası Taşımacılık ve Ticaret A.Ş. (“Transorient”) and Tunaset Biofarma Lojistik Hizmetleri A.Ş. (“Tunaset”) for engaging in anticompetitive customer allocation agreements, while Biopharma (...)

The Turkish Competition Authority issues final decision in the investigation regarding the price fixing infringement of an oil and gas company (Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8026 visits
Pronouncement of the Final Decision Regarding the Investigation concerning Beypazarı İçecek Pazarlama Dağıtım Ambalaj Turizm Petrol İnşaat Sanayi ve Ticaret AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)* Within the scope of the investigation (...)

The Turkish Competition Authority issues final decision regarding the investigation of a petroleum company for price fixing and other anticompetitive infringements (Kınık Maden Suları)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8026 visits
Pronouncement of the Final Decision Regarding the Investigation about Kınık Maden Suları AŞ According to Article 49 of the Act no 4054 on the Protection of Competition (26.5.2022)* Within the scope of the investigation conducted per the Competition Board decision dated 24.02.2022 and (...)

The Australian Competition Authority identifies unfair contract terms in chicken meat processor contracts
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
Chicken meat processors address potential unfair contract terms* Some of Australia’s largest chicken meat processors have agreed to change certain terms in their current contracts with chicken growers, following an investigation by the ACCC into the use of unfair contract terms in the (...)

The German Competition Authority approves plans for cooperation in the automotive industry to build a data network (Catena-X)
German Competition Authority (Bonn)
Germany 457 contributions 116547 visits
First component for Gaia-X: Bundeskartellamt gives green light for establishing data network for automotive industry (Catena-X)* Bonn, 24 May 2022: The Bundeskartellamt has no objections to the planned start of the “Catena-X” cooperation, which aims to create a data network for collaboration (...)

The US Court of Appeals for the Eleventh Circuit applies the functional framework for analyzing the ownership structures of private equity firms to hold that a company cannot conspire with an entity it owns and controls and with which it does not compete (OJ Commerce / Kidkraft / Ikea)
Latham & Watkins (Washington)
United States 7 contributions 15933 visits
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Latham & Watkins (San Francisco)
United States 2 contributions 364 visits
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Latham & Watkins (New York)
United Kingdom 1 contribution 33 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the (...)

The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to businesses (Buma / Stemra)
Bird & Bird (The Hague)
Netherlands 34 contributions 8909 visits
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Bird & Bird (The Hague)
Netherlands 1 contribution 110 visits
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Bird & Bird (Amsterdam)
Netherlands 1 contribution 110 visits
Introduction The Court of Appeal of Amsterdam (Gerechtshof Amsterdam) ruled that Dutch collective rights management organisations ‘Buma’ and ‘Stemra’ abused their (joint) dominant position by applying unequal conditions in relation to business licensing of music for use in cafés, (...)

The US Court of Appeals for the Eleventh Circuit issues a decision which holds that a company cannot conspire with majority-owned and controlled subsidiary (OJ Commerce / Kidkraft / Ikea)
Eversheds Sutherland (Atlanta)
United States 1 contribution 28 visits
Antitrust Claim Rejected: Parent Company Cannot “Conspire” with Majority-Owned and Controlled Subsidiary* A private-equity firm and its majority-owned subsidiary preserved a defense summary judgment on antitrust conspiracy and monopolization claims in OJ Commerce, LLC v. KidKraft, Inc., 34 (...)

The Polish Competition Authority imposes a penalty on a grain trading company for unfair use of contractual advantage (Cefetra Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22625 visits
Cefetra Polska - decision of the President of UOKiK* The President of UOKiK, Tomasz Chróstny, has imposed a penalty of over PLN 2 million on Cefetra Polska – one of the largest companies in the Polish grain trading market. The trader demanded all contracted supplies from the farmers, even when (...)

The Canadian Competition Authority closes two investigations into pharmaceutical patent litigation settlements
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11645 visits
Competition Bureau closes two investigations into pharmaceutical patent litigation settlements* Bureau proactively monitors settlements between drug manufacturers to identify potentially illegal agreements The investigations were launched as a result of the Bureau’s proactive monitoring of (...)

The US District Court for the Eastern District of Texas indicts a federal military contractor for bid-rigging following a grand jury decision (Aaron Stephens)
US Department of Justice (Washington)
United States 180 contributions 79412 visits
Military Contractor Indicted for $15 Million Bid-Rigging Scheme and Conspiracy to Defraud the United States* A federal grand jury in the Eastern District of Texas returned an indictment charging a military contractor for rigging bids on public military contracts in Texas and Michigan and (...)

The Canadian Competition Authority takes action for the protection of car-sharing services nation-wide (Turo)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11645 visits
Competition Bureau takes action to protect competition for car sharing services in Canada* Car sharing platform Turo terminates problematic exclusivity policy in Canada in response to Bureau investigation The Competition Bureau announced today that following an investigation, Turo Inc. has (...)

The EU Commission launches an investigation into the fashion sector on the belief that there may be anticompetitive agreements between several companies
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
Antitrust: Commission carries out unannounced inspections in the fashion sector* On 17 May the European Commission has started unannounced inspections at the premises of companies active in the fashion industry in several Member States. In parallel, the Commission has sent out formal (...)

The Polish Competition Authority examines contracts of dairy cooperatives for unfair competitive terms
Polish Competition Authority (Warsaw)
Poland 120 contributions 22625 visits
President of UOKiK examines contracts of diary cooperatives* The President of UOKiK is investigating whether the contracts of dairy cooperatives comply with the provisions on unfair use of contractual advantage. Currently, the subject of analysis are the contracts and practices of OSM Łowicz (...)

The EU Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market (Servizio Elettrico Nazionale)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110032 visits
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the (...)

The Austrian Competition Authority launches comprehensive sector inquiry into EV charging infrastructure
Austrian Competition Authority (Vienna)
Austria 64 contributions 7719 visits
Sector inquiry into EV charging infrastructure: AFCA launches comprehensive market inquiry* As part of the sector inquiry into EV charging infrastructure, which the Austrian Federal Competition Authority (AFCA) got under way in November 2021 (see also AFCA’s press release of 16 November (...)

The UK Competition Authority warns that cartels exploiting cost-of-living crisis will face action including possible dawn raids
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Cartels exploiting cost-of-living crisis will face action, warns CMA* The CMA’s most senior enforcer has warned that anyone looking to exploit the cost-of-living crisis by forming cartels risk robust enforcement action, including possible dawn raids. In a speech today Michael Grenfell, (...)

The EU Commission adopts the new Vertical Block Exemption Regulation and Vertical Guidelines signalling cautiousness around information exchange in dual distribution situations
Dechert (Paris)
France 47 contributions 71560 visits
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Dechert (Paris)
France 21 contributions 27070 visits
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Dechert (Paris)
France 20 contributions 24321 visits
On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation No. 330/2010 of 20 April 2010, is accompanied by a new version of (...)

Unilateral Practices

 The Italian Competition Authority fines a drug manufacturer €3.5M for charging excessive prices to the National Health Service for a life-saving drug (Leadiant)
Italian Competition Authority (Rome)
Italy 72 contributions 19193 visits
A524 - ICA fines Leadiant 3,5 million euros for abusing its dominant position* The Italian Competition Authority (ICA) found that since June 2017 Leadiant has charged the Italian NHS unfairly excessive prices for the sale of a life-saving drug. Similar proceedings were conducted by (...)

The German Competition Authority closes its investigation into resale price maintenance by a provider of billing software for hospitality companies after external lawyers demonstrate compliance (Orderman)
German Competition Authority (Bonn)
Germany 457 contributions 116547 visits
Imposing minimum advertised prices in online sales* The Bundeskartellamt has terminated an administrative proceeding against Orderman GmbH (Orderman) without issuing a formal decision. The subject of the proceeding was a possible violation of the German and European prohibitions of (...)

The Spanish Competition Authority fines the national kennel club for imposing unfair conditions on dog owners and raising barriers to entry for potential rivals (Royal Canine Society of Spain)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31569 visits
The CNMC fines the Royal Canine Society of Spain for hindering the activity of rival associations and discriminating against canine judges.* The Royal Canine Society of Spain (RSCE in Spanish) has abused its dominant position to hinder the entry of other organisations, which are authorised by (...)

The Spanish Competition Authority fines the national kennel club for abusing its dominant position by hindering the expansion of rivals through, inter alia, imposing high switching costs (Royal Canine Society of Spain)
Ashurst (Madrid)
Spain 14 contributions 2374 visits
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Ashurst (Madrid)
Spain 7 contributions 962 visits
On 26 May 2022, the CNMC fined the Royal Canine Society of Spain ("RSCE") almost EUR 143,000 for abusing its dominant position in several markets related to purebred dogs by hindering the activity of rival associations and discriminating against canine judges. The CNMC launched its (...)

The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Google probed over potential abuse of dominance in ad tech* The CMA is investigating whether Google has broken the law by restricting competition in the digital advertising technology market. CMA launches second investigation into Google’s practices in ad tech, following launch of probe into (...)

The Ankara Regional Administrative Court partially annuls a decision by the Competition Authority which imposed restrictive interim measures on an e-commerce platform for alleged abusive self-preferencing conduct (Trendyol)
ACTECON (Istanbul)
Turkey 13 contributions 1902 visits
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest (...)

The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to cafés and restaurants (Buma / Stemra)
Maverick Advocaten (Amsterdam)
Netherlands 2 contributions 160 visits
The Amsterdam Court of Appeal has ruled that Buma/Stemra has abused its dominant position in relation to suppliers of music for cafés and restaurants. Buma/Stemra applied unequal conditions to streaming services and failed to take measures to remove that inequality. Buma/Stemra was ordered to (...)

The Dutch Competition Authority warns wholesalers against illegally restricting retailers’ freedom to set their own prices
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36656 visits
ACM warns suppliers that restrict the freedom of retailers to set their own retail prices* In recent months, the Netherlands Authority of Consumers and Markets (ACM) has warned several suppliers that they may have illegally influenced the retail prices of their products that retailers sell. (...)

The Turkish Competition Authority rejects an allegation that an online food delivery company has abused its dominant position through most favoured customer practices and de facto exclusivity (Yemek Sepeti)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83898 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3164 visits
This case summary aims to offer insight on the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision (“Decision”), whereby the Board examined the allegation that Yemek Sepeti Elektronik İletişim Perakende Gıda Lojistik A.Ş. (“Yemek Sepeti”) had abused its dominant position, violating (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for access to commercial spaces and the provision of commercial services in the airports of the South-Southeast of Mexico
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27026 visits
Cofece investigates possible relative monopolistic practices in the market of access to commercial spaces and the provision of commercial services in the airports of the South-Southeast of Mexico* The flow of passengers transiting the investigated zone on amounted to more than 9.35 million in (...)

The New Zealand Competition Authority files an appeal against a record-breaking fine for misleading consumers calling the fine "manifestly inadequate" (Vodafone)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Commission appeals record $2.25m fine in Vodafone FibreX case* The Commerce Commission has filed an appeal in the High Court against a record $2.25 million fine imposed on Vodafone NZ Limited (Vodafone) for its offending under the Fair Trading Act during its FibreX advertising campaign. (...)

The New Caledonian Competition Authority fines a funeral company for abusing its dominant position by implementing a confuse and capture strategy (Transfunéraire)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3712 visits
Sanction of the company Transfunéraire for abuse of a dominant position in the funeral directors sector (decision no. 2022-PAC-03 of May 17, 2022)* In its decision n° 2022-PAC-03 of May 17, 2022, the Competition Authority sanctions the company Transfunéraire, on the basis of article Lp. (...)

The New Caledonian Competition Authority sanctions a funeral director for abusing its dominant position and cartelisation (Pompes Funèbres / AZ Décès)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3712 visits
Penalty of the company Pompes Funèbres Calédoniennes (PFC) for abuse of a dominant position and for an agreement with the company AZ Décès (decision no. 2022-PAC-02 of May 17, 2022)* In its decision n° 2022-PAC-02 of May 17, 2022, the Authority sanctions the company Pompes Funèbres (...)

The Italian Competition Authority fines a pharmaceutical company for charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
168 contributions 134225 visits
The Italian Competition Authority (ICA) has recently closed an Article 102 TFEU enquiry against a pharmaceutical company in the Leadiant case with an infringement decision. The ICA found that Leadiant, had abused its dominant position by charging highly disproportionate prices for a drug (...)

The EU Court of Justice preliminarily determines that discriminatory access to data may constitute an abuse of a dominant position (Enel)
Ashurst (Brussels)
Belgium 37 contributions 9273 visits
On 12 May 2022, the European Court of Justice ("the Court") delivered a preliminary ruling on abuse of dominance through the exploitation of data. As the historic monopolist, ENEL had access to customer data which it used to strengthen its position. Key takeaways ENEL prevented its (...)

The EU Court of Justice delivers a ruling which sheds more light on non-price abuses under Article 102 TFEU in relation to conduct which constitutes an abuse of dominance and the interpretation of the concept of "competition on the merits" (Servizio Elettrico Nazionale)
Hausfeld (London)
United Kingdom 20 contributions 5364 visits
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Hausfeld (London)
United Kingdom 5 contributions 1793 visits
Exclusionary non-price abuses under Article 102 TFEU: useful guidance from the CJEU The recent ruling by the Court of Justice of the European Union (CJEU) in C-377/20, Servizio Elettrico Nazionale and Others v Autorità Garante della Concorrenza e del Mercato is a helpful summary of the (...)

The German Competition Authority finds a Big Tech company to be of paramount significance to competition across markets and determines new rules can be applied to control for abuse of dominance (Meta)
German Competition Authority (Bonn)
Germany 457 contributions 116547 visits
New rules apply to Meta (formerly Facebook) – Bundeskartellamt determines its “paramount significance for competition across markets”* The Bundeskartellamt has formally determined the paramount significance for competition across markets of Meta Platforms, Inc., Menlo Park, USA. The toolkit (...)

The EU Commission preliminarily finds an abuse of dominance by a Big Tech firm based on denying access to essential hardware that would allow other apps to compete with its payment feature (Apple Pay)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
Antitrust: Commission sends Statement of Objections to Apple over practices regarding Apple Pay* The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology (...)

The EU Court of Justice receives a request for preliminary ruling in relation to whether the rules on the organisation of international football matches comply with EU competition law (ESLC / UEFA / FIFA)
Cruz Vilaça Advogados (Lisbon)
Portugal 5 contributions 3379 visits
Sports go way beyond their economic dimension. They are part of Europe’s identity and culture, fulfilling important social, educational and cohesion purposes. However, when it comes to professional sports and football in particular, the economic dimension has normally taken precedence. That EU (...)

Mergers

 The Italian Competition Authority unconditionally clears a banking merger operation between two national banks (BPER / Carige)
Municipality of Cagliari
168 contributions 134225 visits
By its decision recently handed down in BPER/Carige, the Italian Competition Authority (ICA) has unconditionally authorized the concentration between two national banks, BPER Banca Spa (BPER) and Banca Carige Spa (Carige). By this transaction (the BPER/Carige transaction), BPER intended to (...)

The UK Competition Authority finds that a merger between two pastry companies could lead to higher prices and lower quality products for shoppers in the UK (Cérélia / Jus-Rol)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Bake-at-home dough merger raises competition concerns* Cérélia is the largest manufacturer of bake-at-home dough products in the UK, producing private label (own brand) products on behalf of some of the largest grocery retailers in the UK. Jus-Rol is the best-selling brand in the (...)

The Croatian Competition Authority approves a merger between two media and entertainment companies (CME Media / RTL Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19932 visits
CME MEDIA AND RTL HRVATSKA MERGER APPROVED* In its compatibility assessment procedure, the CCA found that the concentration in question does not produce significant effect on competition, given the fact that it does not create or strengthen a dominant position of the undertakings concerned (...)

The New Zealand Competition Authority clears the merger of two vegetarian food manufacturers (Life Health Foods / Chalmers Organics)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Life Health Foods cleared to acquire Chalmers Organics* The Commerce Commission has granted clearance for Life Health Foods NZ Limited to acquire the business and assets of Chalmers Organics Limited. Life Health Foods and Chalmers Organics both supply a range of vegetarian and plant-based (...)

The UK Government orders a full national security assessment of a proposed acquisition in the telecommunications sector (BT / Altice)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
BT acquisition called-in for national security assessment* The acquisition by Altice of 6% of shares in BT has been called-in for a full national security assessment by Business Secretary Kwasi Kwarteng today (Thursday 26 May). The government has powers under the National Security and (...)

The Danish Competition Authority approves a merger between owners of fibre optic infrastructures subject to commitments allowing network access on terms equal to those offered to the combination’s subsidiaries for a period of three years (Norlys Tele Service / Verdo Tele)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36324 visits
The Danish Competition Council has approved the merger between Norlys Tele Service A/S and Verdo Tele A/S subject to remedies* On 14 March 2022 the Danish Competition and Consumer Authority (”DCCA”) received a complete notification of the merger between Norlys Tele Service A/S (“Norlys”) and (...)

The Irish Competition Authority conditionally clears an acquisition transaction between two major financial institutions (Bank of Ireland / KBC)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16680 visits
CCPC requires commitments from BOI to acquire KBC Ireland assets* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by The Governor and Company of the Bank of Ireland (Bank of Ireland) of (...)

The US FTC launches an inquiry into market concentration in the baby formula market
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43070 visits
Federal Trade Commission Launches Inquiry into Infant Formula Crisis* Agency Seeks Public Comment on Attempts to Deceive Families and Factors that May Have Contributed to the Ongoing Shortage of Infant Formula Today, the Federal Trade Commission staff launched an inquiry into the ongoing (...)

The Australian Competition Authority unconditionally clears a merger between two plastic container producers (Pact Group / Synergy Packaging)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
Pact Group’s acquisition of Synergy Packaging not opposed* The ACCC will not oppose the proposed acquisition of Synergy Packaging Pty Ltd by Pact Group Holdings Ltd (ASX:PGH). Both Pact and Synergy manufacture and supply non-beverage rigid PET plastic containers. “Our investigation (...)

The Argentinian National Court of Appeal rejects an appeal which sought to argue constraints placed by the Competition Authority on a merger were disproportionate and excessively burdensome (Disney / Mediapro / Fox)
Bomchil (Buenos Aires)
Argentina 28 contributions 622 visits
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Bomchil (Buenos Aires)
Argentina 27 contributions 608 visits
On January 17 the Secretariat ordered the subordination of the Disney/Fox merger to the fulfilment of certain conditions (divestitures and behavioural measures). For such purpose the Secretariat analyzed the markets involved (distribution of movies for their exhibition in theatres; (...)

The Spanish Competition Authority proceeds to an in-depth investigation of a proposed merger between two providers of modular built rentals (Alquibalat / Algeco Construcciones Modulares)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31569 visits
The CNMC analyses in depth the purchase of Alquibalat, S.L. by Algeco Construcciones Modulares, S.L.U.* This operation merges the two main companies in the modular structures rental market. Following this acquisition, competition between the two companies will disappear and Algeco’s position (...)

The Australian Competition Authority clears the acquisition of a filtered water company by a rival subject to commitments to spin-off a subsidiary (Culligan / Waterlogic)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
Culligan’s proposed acquisition of Waterlogic not opposed subject to divestiture* The ACCC will not oppose the proposed acquisition of Waterlogic Group Holdings Limited (Waterlogic) by the Culligan Group (Culligan), after accepting a court-enforceable undertaking from Culligan’s parent (...)

The UK Competition Authority finds that a merger between two waste and water management firms may lead to reduced competition following in-depth investigation (Veolia / Suez)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
In-depth Veolia-Suez merger review finds competition concerns* The CMA has provisionally found that the merger of Veolia and Suez would lead to a loss of competition in the supply of several waste and water management services in the UK. This loss of competition could then lead to more (...)

The EU General Court upholds a €28M fine on a Japanese multinational company for gun jumping in its acquisition of a company that provides medical imaging services (Canon / Toshiba Medical Systems Corporation)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32560 visits
The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation* In 2016, Canon Inc (‘the applicant’), a Japanese multinational company (...)

The EU General Court rejects an appeal against a €28M fine imposed by the Commission for breach of EU gun jumping rules (Canon)
Shearman & Sterling (Brussels)
Belgium 21 contributions 10375 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14310 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14292 visits
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On 18 May 2022the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment therefore vindicating the Commission’s aggressive stance on such breaches. (...)

The EU General Court upholds a €28M fine for gun jumping in a two-stage transaction to acquire a medical imaging business (Canon / Toshiba Medical Systems)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10037 visits
On 18 May 2022, the General Court of the European Union (“GC”) rejected Canon’s appeal of a € 28 million gun jumping fine imposed by the European Commission (“Commission”) in 2019. The judgment is the latest in a string of Commission appellate victories regarding violations of merger control (...)

The UK Competition Authority blocks the acquisition of a rival by a property search report company (Dye & Durham / TM Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Property search services merger could mean homebuyers pay more* The CMA has provisionally found that the merger of 2 firms offering property search services could lead to a worse deal for homebuyers. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) (...)

The Lithuanian Competition Authority reviews acquisition transaction between lifting equipment maintenance service companies (Kauno Liftai / Baltijos Liftai)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20818 visits
Lithuanian Competition Authority will review transaction between Kauno Liftai and Baltijos Liftai on its own initiative* The Lithuanian competition authority Konkurencijos taryba has decided to apply the merger control procedure on its own initiative and assess whether the acquisition by (...)

The Polish Court of Competition and Consumer Protection overturns the Competition Authority’s decision prohibiting the acquisition of a radio broadcasting station by a competitor (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22625 visits
Agora/Eurozet - judgment of the court of first instance* The President of UOKiK will appeal against the judgment of the Court of Competition and Consumer Protection (SOKiK) in the Agora-Eurozet concentration case. SOKiK reversed the decision prohibiting the transaction. The judgment relates (...)

The Dutch Competition Authority fines a maker of modular homes €1.85M for failure to notify the Authority when acquiring another company (Modulaire)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36656 visits
Modulaire fined for failing to notify ACM of acquisition of competitor* The Netherlands Authority for Consumers and Markets (ACM) has imposed on Modulaire, a manufacturer of modular homes, a fine of 1.85 million euros for having failed to notify ACM on time of an acquisition. Martijn (...)

The Finnish Competition Authority approves the acquisition of a frozen bakery and grain mill products manufacturer by an agricultural company (Lantmännen / Myllyn Paras Group)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12542 visits
FCCA ap­proves Lant­män­nen’s ac­qui­si­tion of Myl­lyn Paras* On 29 April 2022, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition whereby Lantmännen ek för is to acquire Sponmill Oy and the Myllyn Paras Group it owns. Lantmännen is a Swedish agricultural (...)

The Cypriot Competition Authority receives notification for the acquisition of a hypermarket by a retailer (X.A Papaellinas Emporiki / Kostas I. Kyriakou & Yioi)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9057 visits
Notification of a concentration in relation to the acquisition by X.A papaellinas Emporiki Ltd of the activity of the hypermarket and cafi-restaurant Costas which belong to kostas I. Kyriakou & Yioi Limited* The Service of the Commission for the Protection of Competition announces that (...)

The German Competition Authority clears an acquisition transaction between two arms manufacturers (Beretta/ Ammotec)
German Competition Authority (Bonn)
Germany 457 contributions 116547 visits
Small arms and ammunition sector: Merger between Beretta and Ammotec cleared* The Bundeskartellamt has cleared the acquisition of ammunition specialist Ammotec by Beretta this week. Ammotec is a business division of the Swiss-based company RUAG International Holding AG. The acquirer Beretta (...)

The Canadian Competition Authority files court applications to prevent a merger between two telecommunications companies (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11645 visits
Competition Bureau seeks full block of Rogers’ proposed acquisition of Shaw* Bureau files court applications to prevent the merger of two of Canada’s largest telecommunications companies The Competition Bureau is seeking to block Rogers proposed $26 billion acquisition of Shaw in an effort (...)

The Turkish Competition Authority sees a new merger control regime enter into force, amending notification thresholds and the scope of applicable sectors
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83898 visits
(1) Introduction On March 4, 2022 the Turkish Competition Authority (“Authority”) published the Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board (the “Amendment Communiqué”). The Amendment (...)

The Moroccan Competition Authority imposes its first-ever gun jumping fine on a Swiss construction and chemical firm (Sika Aktiengesellschaft)
Primerio (Washington)
United States 47 contributions 10745 visits
Gun-jumping in Morocco, Switzerland-style* In a relatively rare northwestern excursion on the continent, we are reporting today that the Moroccan competition authority (the Competition Council, or “CC”) based in Fez, which has operated only since late 2018, issued its first-ever gun-jumping (...)

The UK Competition Authority provisionally clears the acquisition of a supermarket’s petrol station business by the largest independent operator of petrol stations following a promise to divest from 87 sites (CD&R / Morrisons)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Petrol station proposals provisionally clear way for Morrisons deal* The CMA proposes to accept an offer from buyer of Morrisons to sell 87 petrol stations to address competition concerns. In January, the Competition and Markets Authority (CMA) opened its investigation into Clayton, (...)

The UK Competition Authority cancels its investigation into the proposed acquisition of the largest auction provider for heavy machinery by the second largest after firms abandon the deal (Ritchie Bros / Euro Auctions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
Ritchie Bros has abandoned its planned purchase of Euro Auctions after the CMA referred the deal for an in-depth Phase 2 investigation* Ritchie Bros has abandoned its planned purchase of Euro Auctions after the CMA referred the deal for an in-depth Phase 2 investigation. The Competition (...)

The UK Competition Authority announces potential Phase II investigation into the proposed acquisition of an undertaking that helps financial institutions reduce risk by the owner of major national financial infrastructure (London Stock Exchange Group / Quantile)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101214 visits
LSEG’s anticipated Quantile purchase raises competition concerns* LSEG’s anticipated purchase of Quantile could now be referred for an in-depth investigation after finding that the deal raises competition concerns. The Competition and Markets Authority (CMA) opened its investigation into (...)

The New Zealand Competition Authority clears an acquisition of a water dispenser company by a drinking water solutions company subject to divestments (Zenith Water / Waterlogic)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Commission clears Zenith Water / Waterlogic merger subject to divestment* The Commerce Commission has given clearance to Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction, subject to an undertaking to divest Firewall’s Merquip (...)

State Aid

 The EU Commission approves a Romanian scheme worth €60.7M to support the road transport sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €60.7 million Romanian scheme to support the road transport sector in the context of Russia’s invasion of Ukraine* The European Commission has approved a €60.7 million (RON 300 million) Romanian scheme to support companies active in road transport of goods and (...)

The EU Commission approves a €500M Luxembourgish State aid scheme guaranteeing loans with a view to increasing liquidity in the face of the geopolitical crisis triggered by Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €500 million Luxembourgish scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €500 million Luxembourgish guarantee scheme to support companies across sectors in the context of Russia’s invasion of (...)

The EU Commission green-lights a Finnish State aid scheme worth €16M to support farmers in the context of the Russian invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €16 million Finnish scheme to support farmers in context of Russia’s invasion of Ukraine* The European Commission has approved a €16 million Finnish scheme to support the agricultural sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

The EU Commission approves a €30M Maltese State aid scheme to increase production and imports of wholesale grains in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves a €30 million Maltese scheme to support the importation, manufacturing and wholesale of grains in context of Russia’s invasion of Ukraine* The European Commission has approved a €30 million Maltese scheme to support companies active in the importation, (...)

The EU General Court rejects a shipping company’s appeal against a State aid recovery decision on the grounds that the company’s participation in a cartel renders the aid incompatible with the internal market (Tirrenia Group)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
State Aid and Anti-Competitive Practices* State aid to undertakings that engage in anti-competitive practices is incompatible with the internal market. Introduction For State aid to be compatible with the internal market, it may not infringe any other provision of the Treaty or secondary (...)

The EU General Court issues a decision which confirms that the date on which State aid is deemed to be granted is not necessarily the date on which the actual benefit materialises (Tirrenia di navigazione)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
The Date on which State Aid is Deemed to be Granted Is not necessarily the Date on which the Actual Benefit Materialises* State aid is deemed to be granted even if the benefit cannot be quantified in advance and even if state resources are transferred at a future point in time. (...)

The EU General Court rejects an appeal by an airline alleging that the German aid to an insolvent rival to maintain orderly air travel was illegal (Ryanair)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32560 visits
The General Court of the European Union confirms that the German aid for the rescue of Condor is compatible with EU law* The fact that Condor’s financial difficulties were caused by the Thomas Cook group being placed into liquidation did not preclude the approval of that aid by the (...)

The EU Commission approves a €1.2B State aid Scheme by the Italian government to support the agriculture and fishing industries following the fallout from the Russo-Ukrainian War
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €1.2 billion Italian scheme to support agricultural, forestry, fishery and aquaculture sectors in context of Russia’s invasion of Ukraine* The European Commission has approved a €1.2 billion Italian umbrella scheme to support the agricultural, forestry, fishery (...)

The EU General Court dismisses the claims of an airline seeking a State aid recovery decision against a rival on procedural grounds (Ryanair)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Another Case of Rescue Aid to an Airline* An undertaking does not have to be nationally “important” in order to qualify for rescue aid. Introduction The pandemic has been hard on airlines. For some of them, however, the pandemic simply exacerbated their already existing problems. On 18 (...)

The EU Commission approves a Swedish State aid scheme worth €404M to support disadvantaged workers entering the workforce
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €404 million Swedish scheme to help disadvantaged workers access the labour market* The European Commission has approved, under EU State aid rules, a Swedish scheme of around €404 million (SEK 4.2 billion) to help disadvantaged workers access the labour market. (...)

The EU Commission green-lights a Greek subsidised loan scheme worth €2B to support a sustainable recovery from the downturn triggered by COVID-19
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €2 billion Greek scheme to support investment towards a sustainable recovery* The European Commission has approved a €2 billion Greek scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid (...)

The EU Commission sets plan to phase out State aid COVID Temporary Framework
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission will phase out state aid Covid Temporary Framework* The European Commission will phase out the State aid COVID Temporary Framework, adopted on 19 March 2020 and last amended on 18 November 2021, enabling Member States to remedy a serious disturbance in the economy in (...)

The EU Commission announces phasing out of the COVID-19 Temporary Framework for State aid
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 35 contributions 32719 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 370 visits
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID19 outbreak (the “COVID-19 Temporary Framework”). The COVID-19 Temporary Framework was first adopted on March 19, 2020, and the main (...)

The EU Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic* The European Commission has approved a €698 million Italian scheme to support companies active in the tourism sector affected by the coronavirus pandemic. The (...)

The EU General Court upholds the Commission’s decision to approve a rescue aid of €36,660,000 granted by Romania to a passenger and cargo airline (TAROM)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32560 visits
The General Court upholds the Commission’s decision approving rescue aid of €36 660 000 granted by Romania to the airline TAROM* That aid is compatible with the internal market as it aims to prevent the social hardship that disruption of TAROM’s services might cause for the connectivity of (...)

The EU Commission announces that the rescue aid framework will be abolished save for two types of support - Insolvency and investment support, which will be temporarily permitted (Wizz Air)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Rescue Aid* Member State must demonstrate that rescue or restructuring aid aims to prevent social hardship or address market failure. The Temporary Framework is coming to an end The European Commission announced on 12 May 2022 that the Temporary Framework will be abolished on 30 June (...)

Procedures

 The Italian Council of State rules that in antitrust proceedings the Competition Authority is required to open investigations within 90 days from the moment it has full knowledge of the competition infringement and its effect
Watson Farley & Williams (Milan)
1 contribution 104 visits
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Watson Farley & Williams (Rome)
Italy 1 contribution 104 visits
On 26 May 2022, the Italian Council of State (the “Court”) upheld the appeals filed by a number of companies that had been sanctioned in 2018 by the Italian Competition Authority ("Authority" or "AGCM") for bid-rigging practices in connection with their participation in public tenders for the (...)

The UK Supreme Court overturns the ruling of the Court of Appeal on costs in a dispute between the Competition Authority and two pharmaceutical companies (Pfizer / Flynn Pharma)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9594 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 559 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21630 visits
On 25 May 2022 the Supreme Court overturned the Court of Appeal’s ruling on costs in Pfizer and Flynn Pharma and concluded that the Competition Appeal Tribunal (CAT) had applied the correct test when awarding a proportion of their costs against the CMA. The Court of Appeal had held that, (...)

The Japanese Government amends the Civil Procedure Rules to enable the digitalisation of court proceedings
White & Case (Tokyo)
Japan 21 contributions 3468 visits
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White & Case (Tokyo)
Japan 21 contributions 3468 visits
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White & Case (Tokyo)
Japan 1 contribution 100 visits
On May 25, 2022, the Amended Code of Civil Procedure ("CCP") was enacted in Japan. It will introduce significant systemic changes to achieve full implementation of digitalized civil court procedures in Japan, which has been pointed out as being outdated in recent years. The amended CCP will (...)

The EU General Court confirms the Commission’s decision fining an audio visual company €28M for gun jumping in warehousing scheme (Canon / Toshiba)
Schibsted (Oslo)
Norway 26 contributions 17283 visits
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White & Case (Brussels)
Belgium 20 contributions 10527 visits
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McDermott Will & Emery (Brussels)
Belgium 19 contributions 7743 visits
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On 18 May 2022, the EU General Court (GC) upheld the European Commission’s (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law (...)

The EU General Court upholds the Commission’s decision implementing a €28M fine for gun jumping in the merger of two imaging product manufacturers (Cannon / Toshiba)
McDermott Will & Emery (Paris)
France 136 contributions 68507 visits
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McDermott Will & Emery (Brussels)
Belgium 23 contributions 5148 visits
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McDermott Will & Emery (Paris)
France 33 contributions 8086 visits
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On June 27, 2019, the EC imposed two fines totaling EUR 28 million on Canon in the context of its acquisition of Toshiba Medical Systems Corporation (TMSC). The first fine of EUR 14 million was levied for Canon’s failure to notify the EC prior to the implementation of the transaction in (...)

The US Court of Appeals for the Seventh Circuit rejects “stealth” class action cases in an action against the Chicago Police (Ali / Miller)
Covington & Burling (San Francisco)
United States 1 contribution 65 visits
Can plaintiffs spring a class action on defendants in the late stages of a case? The Seventh Circuit recently answered no in Ali v. City of Chicago, 34 F.4th 594 (7th Cir. 2022), rejecting so-called stealth class actions and reaffirming a seemingly obvious rule: a class action “must be (...)

The Austrian Cartel Court clarifies how the EU Court of Justice case law is still relevant after the EU Damages Directive in relation to access to cartel filings for the purposes of preparing damage claims (OeBB)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 21 contributions 82702 visits
Austria’s restrictive rules on access to the court file of the Austrian Cartel Court in cartel cases were under scrutiny in the ECJ’s Donau Chemie judgment in 2013. The Cartel Court is the competition authority that adopts substantive decisions in competition law matters (including the (...)

Regulatory

 The Argentinian Competition Authority consults on a proposed new regulation that would govern the notification of mergers
Bomchil (Buenos Aires)
Argentina 28 contributions 622 visits
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Bomchil (Buenos Aires)
Argentina 27 contributions 608 visits
On May 20, the CNDC submitted for public consultation the draft regulation for the notification of economic concentrations (the “Regulation”). The Regulation divides the notification proceedings into two types: summary proceedings (requiring the filing of a new “Form 0”) and ordinary (...)

The EU Council publishes the Digital Markets Act enabling accelerated antitrust proceedings and superior tools to combat so-called "gatekeepers"
University of Würzburg
Germany 1 contribution 89 visits
The rapid development of digital markets has been posing major challenges to competition authorities for some time. The ‘internet giants’ consisting of Google, Amazon, Facebook, Apple and Microsoft have as already known been able to gain and consolidate strong market positions faster than in (...)

The EU Commission adopts the new Vertical Block Exemption Regulation and Guidelines signalling tougher enforcement on digital firms
Portolano Cavallo (Milan)
Italy 63 contributions 10325 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7107 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1410 visits
On May 10, 2022, the European Commission (“Commission”) adopted Regulation 2022/720, i.e., the new Vertical Block Exemption Regulation (“New VBER”), together with the new Vertical Guidelines (“New Guidelines”), both of which will enter into force on June 1, 2022. The new VBER concludes the (...)

The Kuwait Competition Authority introduces new rules on de-merging of companies
GLA & Company (Kuwait)
Kuwait 1 contribution 13 visits
The Kuwait Capital Markets Authority (“CMA”) is an independent regulatory body established with the passing of Law No. 7 of 2010, and is tasked with overseeing and regulating companies that are either listed on the Boursa (Kuwait Stock Exchange) or that practice certain regulated activities, (...)

The UK Government signals increased scope of merger control in two recent legislative consultations
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3325 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 567 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 706 visits
The UK Government’s responses to its consultations on ‘Reforming competition and consumer policy’ (April 2022) and ‘A new pro-competitive regime for digital markets’ (May 2022) included three proposals to amend or add jurisdictional or reporting criteria for the UK merger control regime. These (...)

The UK Government publishes its plans for a new digital markets regulatory regime
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3325 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22351 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 567 visits
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The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022. The regime aims to promote competition in digital markets for the benefit of consumers. It will be targeted at a small number of firms designated with having (...)

The UK Competition Authority and Ofcom publish their advice on new rules for the relationship between platforms and publishers
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3325 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 6 contributions 1001 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 1877 visits
Background The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content. The DCMS asked the CMA and (...)

The EU Parliament signs the Commission’s proposal which would allow the Commission to examine whether foreign subsidies have a potential negative impact on the internal market
Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13416 visits
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Covington & Burling (Brussels)
Belgium 16 contributions 3585 visits
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Norton Rose Fulbright (Brussels)
Belgium 14 contributions 4513 visits
On 4 May 2022, the European Parliament (the “Parliament”) adopted its position on the proposal of the European Commission (the “Commission”) for a Regulation on foreign subsidies distorting the internal market (the “Foreign Subsidies Regulation”) (see our alert on the proposal). It confirms (...)

The Fijian Competition Authority intensifies efforts against businesses engaging in fuel hoarding in violation of the Competition Act
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 968 visits
FCCC Identifies Cases of Fuel Hoarding* The Fijian Competition and Consumer Commission (FCCC) says businesses caught fuel hoarding will face being charged and fined for breaching section 87G of the FCCC Act. This comes after FCCC teams, during inspections, found some fuel companies (...)