November 2020

General antitrust

 The OECD holds a roundtable on competition in digital advertising markets
OECD - Competition Division (Paris)
France 313 contributions 1439541 visits
Digital advertising is now the leading form of advertising in most if not all OECD countries, and offers businesses the ability to reach consumers in ways that could only have been imagined previously. Increased Internet coverage and mobile phone penetration has fundamentally changed the (...)

The UK Competition Authority issues an analysis examining how well competition is working across the national economy
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA reports on the state of competition in the UK* The CMA has issued a first-of-its-kind analysis examining how well competition is working across the UK economy. Commissioned by the Chancellor and the Business Secretary, the report looks at the state of competition in the UK economy. It (...)

The UK Competition Authority publishes its first state of competition report examining the effectiveness of the competition policy in the national economy
Ashurst (London)
United Kingdom 2 contributions 176 visits
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Ashurst (London)
United Kingdom 4 contributions 656 visits
On 30 November 2020, the UK Competition and Markets Authority ("CMA") published its first state of competition report, commissioned by the UK government. The purpose of the report was to at the state of competition in the UK economy. It is intended to provide a baseline for future analysis and (...)

The Portuguese Competition Authority identifies barriers to the opening of facilities in the hemodialysis care provision sector
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
The AdC identifies barriers to the opening of new facilities and proposes recommendations aimed at promoting the well-being of chronic disease patients* The Portuguese Competition Authority – Autoridade da Concorrência (AdC) has undertaken an analysis on the hemodialysis care provision (...)

The UK Government announces a new competition regime for tech giants with more data control for consumers, more online promotion opportunities for small businesses, more balance for publishers, and a new Digital Markets Unit to oversee it all
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
New competition regime for tech giants to give consumers more choice and control over their data, and ensure businesses are fairly treated* A dedicated Digital Markets Unit will be set up to introduce and enforce a new code to govern the behaviour of platforms that currently dominate the (...)

The UK Competition Authority welcomes the Government’s response to its online platforms and digital advertising market study
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA welcomes government response to digital advertising study* The CMA has welcomed the UK Government’s response to its online platforms and digital advertising market study. The government has today accepted, in principle, the findings of the Competition and Markets Authority’s (CMA) (...)

The UK Government responds to the Competition Authority’s final report on its inquiry on online platforms and digital advertising
Bird & Bird (London)
United Kingdom 4 contributions 478 visits
The Government has decided to move ahead with the establishment of the Digital Markets Unit (DMU) and the adoption of an enforceable code of conduct to tackle digital markets (Digital Code). These measures are designed to support the establishment of a new pro-competitive regime for digital (...)

The UK Government announces its intention to establish a dedicated Digital Markets Unit to protect competition in respect of digital platforms
Hogan Lovells (London)
United Kingdom 4 contributions 1281 visits
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Covington & Burling (London)
United Kingdom 19 contributions 11717 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 81 visits
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The United Kingdom and the European Union are set to take bold strides towards the regulation of digital markets in coming months. While both are broadly aligned in their intention to better regulate large tech companies, the extent to which their post-Brexit regulatory approaches might (...)

The UK Government announces the establishment of a Digital Markets Unit within the CMA to regulate tech companies
Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 27 November 2020, the UK Department for Business, Energy & Industrial Strategy and the Department for Digital, Culture, Media & Sport announced the creation of a Digital Markets Unit within the Competition and Markets Authority (“CMA”) which, from April 2021, will introduce and (...)

The EU Commission adopts an action plan for intellectual property to promote recovery and resilience
Hogan Lovells (Düsseldorf)
Germany 2 contributions 450 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1219 visits
On November 25, 2020, the EU Commission adopted an action plan for intellectual property to promote recovery and resilience in the EU – its plan for a new IP strategy. The focus is not only on the protection of, but the access to innovation. Companies from all sectors have realized that in (...)

The Russian Competition Authority publishes a booklet on the best practices of antimonopoly compliance
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57161 visits
FAS Published a Booklet on the Best Practices of Antimonopoly Compliance* Over the past few years, the competition policy framework has been created, the national competition development plan 2018-2020 and the Road Map for competition development have been adopted (Government Order No (...)

The New Zealand Competition Authority opens a market study into the grocery sector and publishes process paper
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commission opens market study into grocery sector and publishes process paper* The Commerce Commission has commenced a market study into factors that may affect competition in the grocery sector following publication of terms of reference for the study by the Minister of Commerce and (...)

The Swedish Government strengthens the Competition Authority’s powers to impose fines for anti-competitive behaviour, conduct unannounced inspections, and the right to decide on fines for companies that refuse to participate in the Authority’s investigations
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10308 visits
Strengthened powers for the Swedish Competition Authority* The Swedish government has presented a bill with proposals that strengthen the powers of the Swedish Competition Authority in the area of competition. The proposals include decision-making powers to impose fines for (...)

The Polish Competition Authority conducts sector inquiries on wholesalers and suppliers of medical gases in the pharmaceutical sector
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28625 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27774 visits
The Polish competition authority, the Office of Competition and Consumer Protection ( UOKiK ), has proven to be an energetic enforcer of the competition rules. Over the past few days, UOKiK found itself in the limelight because of two new distinct inquiries in the pharmaceutical sector that (...)

The Slovakian Competition Authority publishes its annual report for 2019
Bird & Bird (Bratislava)
Slovakia 1 contribution 233 visits
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Dell Technologies (Bratislava)
Slovakia 1 contribution 233 visits
The Antimonopoly Office of the Slovak Republic (hereinafter referred to as the "Office") has published its annual report on its website, in which it has evaluated and summarized its activities in the past year. In 2019, the Office imposed fines of over EUR 3.3 million, approximately one third (...)

The French Competition Authority delivers its opinion on the competitive situation in Corsica island with a focus on food distribution, fuel distribution, maritime services, and waste management
French Competition Authority (Paris)
France 747 contributions 409238 visits
Food distribution, fuel distribution, maritime services and waste management: the Autorité delivers its opinion on the competitive situation in Corsica island* Following an investigation lasting several months, the Autorité today issues its opinion on the competitive situation on the island. (...)

The UK Competition Authority launches the second consultation on its updated merger assessment guidelines
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
Consultation launched on CMA Merger Assessment Guidelines* The CMA is consulting on updated guidelines about its approach to analysing mergers. The updated Merger Assessment Guidelines will help ensure that the Competition and Markets Authority (CMA) continues to protect consumers through (...)

The Polish Competition Authority President initiates an investigation into the market of oxygen supply to hospitals
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Oxygen supply to hospitals - actions of the President of UOKiK* President of UOKiK Tomasz Chróstny has initiated an investigation procedure today, under which he will inspect the market of oxygen supply to hospitals. UOKiK will check if there are no competition-restricting practices in place. (...)

The US DoJ issues guidance on the use of arbitration and launches small business help center
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Issues Guidance On The Use Of Arbitration And Launches Small Business Help Center* The Antitrust Division of the Department of Justice announced the publication of two new resources on its website today. First, the division issued updated and supplemental guidance on the (...)

The US DoJ announces measures to further its pursuit of antitrust and related crimes in government procurement and program funding
Covington & Burling (Washington)
United States 1 contribution 86 visits
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MoloLamken (Washington)
United States 1 contribution 86 visits
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Covington & Burling (Washington)
United States 1 contribution 86 visits
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Just over a year after launching the Procurement Collusion Strike Force (“PCSF”), the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced new measures to further its pursuit of antitrust and related crimes in government procurement, grant, and program funding. These changes (...)

The Chinese State Administration for Market Regulation promulgates the platform guidelines increasing its regulation of the digital industry
King & Wood Mallesons (Beijing)
Chine 19 contributions 4756 visites
On November 10, 2020, SAMR promulgated the Platform Guidelines, which demonstrates SAMR has prioritised increasing its regulation of the Internet industry. The Platform Guidelines pay particular attention to specific business models and possible antitrust behaviours in the platform economy. (...)

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry in an effort to strengthen its enforcement in the sector
King & Wood Mallesons (Beijing)
China 19 contributions 4756 visits
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King & Wood Mallesons (Beijing)
China 9 contributions 3571 visits
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Merits & Tree (Beijing)
China 2 contributions 194 visits
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic (...)

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry
King & Wood Mallesons (Beijing)
China 19 contributions 4756 visits
10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The (...)

The Australian Competition Authority Chairman announces in his annual address that the Authority is closely watching global antitrust efforts focusing on the major digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Global focus on competition and digital platforms* The ACCC is closely watching global anti-trust efforts focusing on major digital platforms, including the US Department of Justice’s recent case against Google and proposed new competition laws in Europe, ACCC Chair Rod Sims said today. In (...)

The Mexican Competition Authority reports on its study of retail in the food and beverages sector finding that greater competition is necessary in self-service stores for better food and beverages prices
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
Greater competition in self-service stores for better food and beverages prices* The structure of the modern channel (self-service stores) is concentrated in few players. There are regulatory obstacles at the state and municipal levels that hinder the expansion of regional chains. In 255 (...)

The Georgian Parliament adopts amendments to its competition act
University of Sussex
United Kingdom 2 contributions 1463 visits
Upgrading Georgia’s Competition Legislation – New Obligations and Balancing Benefits for Market Players* Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the (...)

The Georgian Competition Authority announces that the law amendments in the competition sector will come into force
Georgian Competition Authority (Georgia)
Georgia 9 contributions 562 visits
Most of the amendments to the Law on Competition will come into force on November 4* A unified legal framework has been created for the separation of competencies between the Georgian National Competition Agency and regulatory bodies. Accordingly, the authorities will act unitedly on the (...)

The UK Financial Conduct Authority publishes its final report in home and motor insurance market study and opens consultation on proposed remedies
1 contribution 24 visits
On 22 September 2020, the FCA published its final report in its market study into home and motor insurance pricing. The FCA has proposed reforms designed to address its concerns that consumers are not benefiting from the required levels of competition in the sector. As part of its new (...)

Anticompetitive practices

 The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
United States 3 contributions 1488 visits
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White & Case (Washington)
United States 9 contributions 3699 visits
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White & Case (Washington)
United States 11 contributions 1800 visits
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which (...)

Irish Competition Authority investigates into suspected breaches of competition law (Ticketmaster)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16701 visits
Notice under Section 14B of the Competition Act 2002 In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected breaches of competition law in relation to the provision of tickets and the operation of ticketing services for live (...)

The Mexican Competition Authority issues warnings about the consequences of a possible price increase resulting from agreements between competitors in the food production sector
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
COFECE warns several associations of tortilla producers about the consequences of a possible price increase if this is the result of an agreement between competitors* The price established by each tortilla producer must be an individual determination COFECE’s Investigative Authority could (...)

The Canadian Competition Authority confirms that no-poach agreements, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision
Conzen O’Connor (Toronto)
France 23 contributions 5708 visits
No-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision (section 45), the Competition Bureau has confirmed. This is because section 45 only applies to agreements relating to the supply of a product, and not the purchase of a product. (...)

The Canadian Competition Authority expresses concerns about the possible anticompetitive consequences of agreements between competitors on employees and labour markets
Davies Ward Phillips & Vineberg (Toronto)
Canada 3 contributions 486 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4037 visits
Canadian Competition Bureau Issues Guidance on “No-Poach” and other “Buy-Side” Employment Agreements Between Competitors* Introduction The Canadian Competition Bureau (“Bureau”) has issued a statement (the “Statement”) clarifying its position on “no-poaching”, wage-fixing and other types (...)

The EU Commission fines two pharmaceutical companies €60.5 million for delaying the entry of cheaper generic medicine for sleep disorders (Teva / Cephalon)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Antitrust: Commission fines Teva and Cephalon €60.5 million for delaying entry of cheaper generic medicine* The European Commission has fined the pharmaceutical companies Teva and Cephalon €60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of (...)

The Turkish Competition Authority finalizes its investigation conducted against six undertakings regarding price increases in the fertilizer industry, and provides a thorough analysis of the sector dynamics and the relevant market (Bagfaş / Ege / Gemlik / Gubretas / Igsas / Toros)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83962 visits
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Metro (Dusseldorf)
Germany 2 contributions 358 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 396 visits
At the end of 2020, the Turkish Competition Board (“Board”) finalized its assessment on the investigation regarding the price increases in the fertilizer industry, conducted against six undertakings active in the fertilizer manufacturing market in Turkey to determine whether the relevant (...)

The EU Commission fines two pharmaceutical companies for a pay-for-delay patent settlement agreement (Teva / Cephalon)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28625 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27774 visits
On 26 November 2020, the European Commission (the Commission) brought to an end a long running competition case by finding against Cephalon and Teva on account of a “pay-for-delay” patent settlement agreement involving modafinil, the active substance of a sleeping disorder medicine (see, (...)

The EU Commission fines pharmaceutical companies for pay-for-delay agreement (Teva / Cephalon)
Ashurst (London)
United Kingdom 14 contributions 2594 visits
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Ashurst (London)
United Kingdom 21 contributions 4426 visits
On 26 November 2020, the European Commission ("Commission") announced that it had fined the pharmaceutical companies Teva and Cephalon EUR 60.5 million for agreeing to delay for several years the market entry of a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil, after (...)

The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
Bryan Cave Leighton Paisner (Paris)
France 1 contribution 586 visits
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French Ministry of Economy and Finance (Paris)
France 1 contribution 586 visits
Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” of the European Court of (...)

The French Competition Authority amends its decision-making practice following a judgment of the EU Court of Justice on responses to calls for tenders by subsidiaries of the same group (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
French Competition Authority (Paris)
France 747 contributions 409238 visits
Responses to calls for tenders by subsidiaries of the same group: the Autorité amends its decision-making practice following a judgement of the CJEU* Following a judgement of the CJEU clarifying European case-law, the Autorité de la concurrence amends its decision-making practice, which (...)

The Lithuanian Competition Authority reduces fine for price fixing due to the effects of COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21417 visits
It was a classic case of a price fixing cartel brought to the competition authority’s attention by a potential victim. The Lithuanian competition authority, Konkurencijos taryba, or Competition Council of the Republic of Lithuania (‘Competition Council’), announced on 25 November 2020 that (...)

The Norwegian Competition Authority fines two alarm system companies for collusion (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3878 visits
Fines exceeding 1 billion NOK in total imposed on Verisure and Sector Alarm* The Norwegian Competition Authority has today imposed a fine of 766 million NOK on Verisure AS and last year a fine of 467.3 million NOK on Sector Alarm for collusion in the market for the provision of alarm (...)

The Italian Competition Authority investigates national fashion retailer for alleged abuse of economic dependence in franchising agreements (Benetton)
Italian Competition Authority (Rome)
Italy 72 contributions 19211 visits
A543 - ICA: Benetton under investigation for an alleged abuse of economic dependence in franchising agreements* According to the Authority, the group might have obliged its retailers to maintain a sales structure and a commercial organisation tailored to Benetton’s needs and such as to (...)

The Hellenic Competition Authority investigates alleged anticompetitive horizontal agreements and exclusionary practices in the provision of banking and payment services
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Communication on the progress of the HCC’s investigation in the banking sector* In November 2019, the Hellenic Competition Commission (HCC) conducted dawn raids, acting ex officio and following relevant complaints, at the premises of undertakings and their associations active in the banking (...)

The Lithuanian Competition Authority reduces fines imposed on a cartel of cinema companies as a measure against the COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20836 visits
As a Result of COVID-19 Pandemic, Lithuanian Competition Council Reduces Fines Imposed on Cinema Companies That Formed Cartel* The Lithuanian competition authority Konkurencijos taryba has found that the film distributor Theatrical Film Distribution and the firms NCG Distribution and Forum (...)

The French Competition Authority announces an amendment on its decision-making practice concerning responses to calls for tenders by subsidiaries of the same group and stops considering it unlawful (Ovimpex / Dhumeaux / Mondial Viande Service / Vianov)
Latham & Watkins (Brussels)
Belgium 8 contributions 2759 visits
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European Commission - DG COMP (Brussels)
Belgium 6 contributions 1195 visits
French Competition Authority amends its decision-making practice in relation to responses to calls for tenders by subsidiaries of the same group* On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to (...)

The Italian Competition Authority opens a proceedings on abuse of economic dependence in a franchise agreements (Benetton)
Portolano Cavallo (Milan)
Italy 63 contributions 10347 visits
On November 25, 2020, the Italian Competition Authority (“ICA”) opened an investigation regarding the Benetton Group (“Benetton”) and its suspected abuse of economic dependence pursuant to Sec. 9, para. 3 bis, of Law No 192 of June 18, 1998, in relation to two franchising agreements with (...)

The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against four pharmaceutical wholesalers over allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...)

The Cypriot Administrative Court annuls a decision that imposed a fine and an obligation to inform the association of undertakings’ members of their freedom regarding tender submissions in the electricity sector (MECAC)
Trojan Economics (Nicosia)
Cyprus 1 contribution 123 visits
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Stelios Americanos & Co (Nicosia)
Cyprus 2 contributions 654 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2274 visits
The Administrative Court of Cyprus delivered its decision on the administrative recourse filed by the Mechanical and Electrical Contractors Association of Cyprus (“Applicant” or “MECAC”) against the Cyprus Commission for the Protection of Competition (“CPC” or “Respondent”) for the annulment (...)

The Slovak Competition Authority fines three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
AMO SR decided to impose fines on three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") issued a decision, (...)

The Swedish Competition Authority fines a municipal-owned company SEK 120,000 for an illegal direct award of a contract for 19 event arrangements (Affärsverken Karlskrona)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10308 visits
Event arrangement considered an illegal direct award of contract* The company Affärsverken Karlskrona AB failed to comply with the procurement rules when the company entered into a contract for several event arrangements to a value of SEK 1.6 million. The Swedish Competition Authority is of (...)

The Turkish Competition Authority rejects the information exchange scheme proposed by an online platform for failing to fulfill the individual exemption requirements (IMDER)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83962 visits
On January 24, 2020, Türkiye İş Makinaları Distribütörleri ve İmalatçıları Birliği (“IMDER”), an association of undertakings active in distribution and production of construction equipment, applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual (...)

The EU Commission publishes a study on territorial supply constraints in the European retail sector
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58456 visits
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Baker McKenzie (Brussels)
Belgium 10 contributions 2077 visits
On 19 November 2020, the European Commission (“Commission”) published a study on territorial supply constraints (“TSCs”) in the EU retail sector (the “Study”), available here. The Study is the outcome of a fact-finding mission commissioned by DG GROW and clarifies the prevalence and effects of (...)

The US DoJ files a case and simultaneous settlement requiring an association to repeal and modify certain rules to provide transparency (National Association of Realtors)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Files Antitrust Case and Simultaneous Settlement Requiring National Association of Realtors® To Repeal and Modify Certain Anticompetitive Rules* Settlement Will Increase Competition to the Benefit of American Homeowners and Homebuyers and Allow for Innovation in Brokerage (...)

The Australian Competition Authority authorises cooperation to support regional airline services due to the COVID-19 pandemic (Virgin Australia / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Virgin Australia and Alliance Airlines authorised to cooperate to support regional airline services* The ACCC has today granted interim authorisation to Virgin Australia and Alliance Airlines allowing them to cooperate on 41 regional routes and two short-haul international routes. The (...)

The Luxembourg Competition Authority fines food company and 3 supermarkets €3.3 million for resale price maintenance (Bahlsen / Auchan / Cactus / Delhaize)
Luxembourg Competition Council (Liège)
15 contributions 1853 visits
The Luxembourg Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million* In three decisions dated 18 November 2020, the Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million for resale price maintenance (...)

The Luxembourg Competition Authority imposes its highest ever fine of €3.3M for retail price maintenance practices (Bahlsen / Auchan / Cactus / Delhaize)
Arendt & Medernach (Luxembourg)
Luxembourg 57 contributions 110442 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 6 contributions 3025 visits
I. Introduction On 18 November 2020, at the end of an eventful 2020, the Luxembourg Competition Council announced the adoption of “the most important decision that the authority has ever taken, in terms of content and the amount of the penalty”. Indeed, the imposition of an aggregate fine (...)

The US DoJ announces that the president of a company pleaded guilty to rigging bids in the commercial flooring market (Delmar E. Church Jr.)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
President of Commercial Flooring Company Pleads Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Delmar E. Church Jr., the president and one of the principal owners of a Chicago-area commercial flooring company, pleaded guilty for his role in a conspiracy to rig bids and fix (...)

The Indian Competition Authority dismisses claims of rotational allegations of bid rigging against an American wine supplier (Lakeforest Wines)
Vahura (New Delhi)
India 59 contributions 5769 visits
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Samvad Partners (Mumbai)
76 contributions 7524 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10784 visits
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KEY POINTS Mere contravention of tender policies does not imply a contravention of Section 3(3) of the Act, unless there is additional material to substantiate allegations of collusion. Brief facts A Reference was made to CCI under Section 19(1)(a) of the Act, against Lakeforest Wines (...)

The Italian Competition Authority opens an investigation into an association of insurance provider’s "fraud detection project" in non-life and life insurance for possible competitive concerns (National Association of Insurance Companies)
Italian Competition Authority (Rome)
Italy 72 contributions 19211 visits
ICA: Investigation launched against ANIA regarding the ’fraud detection project’ in non-life and life insurance* The Autorità Garante della Concorrenza e del Mercato initiated an investigation against the Associazione Nazionale fra le Imprese Assicuratrici (ANIA), which originates from a (...)

The Norwegian Competition Authority carries out unannounced inspections in the sea freight market
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3878 visits
Inspections in the market for sea freight* The Norwegian Competition Authority has carried out unannounced inspections in the market for sea freight. – The Competition Authority has concerns that companies in the market for sea freight may have exchanged competitively sensitive (...)

The French Competition Authority sanctions councils and trade union federations of dental surgeons for a collective boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
Addleshaw Goddard (Paris)
France 39 contributions 44411 visits
On 12 November 2020, the French competition authority (the "FCA") fined the National Council of the College of Dental Surgeons (the "National Council"), five departmental councils of the College and two trade unions for collectively boycotting dental care networks. WHAT YOU NEED TO KNOW - (...)

The Indian Competition Authority dismisses allegations of bid rigging against printing companies clarifying that the tenderer may choose which brands to invite for the tender (Security Printing and Minting Corporation of India / Security Paper Mill)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10714 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10784 visits
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Samvad Partners (Mumbai)
76 contributions 7524 visits
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Key points CCI opined that a tenderer inviting bids only from certain brands does not amount to abuse of dominance by the tenderer. The tenderer has the right as a consumer to choose which brands can apply for the tender. Brief facts Information was filed with the CCI under Section 19(1) (...)

The French Competition Authority fines 6 councils and 2 trade union federations of dental surgeons for a boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
French Competition Authority (Paris)
France 747 contributions 409238 visits
Dental care networks: the National Council and five departmental councils of the College of Dental Surgeons and two trade union federations fined for boycott* The Autorité de la concurrence hands out fines worth €4 million to the National Council and five departmental councils of the (...)

The Portuguese Competition Authority issues a statement of objections to the association of land surveyors for price fixing (National Association of Land Surveyors)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
AdC issues Statement of Objections to National Association of Land Surveyors for price fixing* The AdC – Portuguese Competition Authority issued a Statement of Objections (SO) to the National Association of Land Surveyors (ANT – in Portuguese), for price fixing of the services of land (...)

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 119 visits
According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM: insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

The Slovenian Competition Authority opens a procedure against four gas companies for prohibited restrictive agreement and concerted practice (Butan plin / INA Slovenija / Istrabenz plini / Plinarna Maribor)
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1114 visits
The Agency has commenced a procedure in order to establish a prohibited restrictive agreement or concerted practice between the undertakings Butan plin, d.d., Ljubljana, INA Slovenija, d.o.o., Istrabenz plini d.o.o. and Plinarna Maribor d.o.o.* The Slovenian Competition Protection Agency, (...)

The Russian Competition Authority Voronezh Regional Office finds a cartel in public tenders for road construction (Road Construction and Repair / Rossoshanskoe Road Repair and Construction Office No 1)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57161 visits
Voronezh Regional Office of the FAS Russia Revealed a Cartel for 258 Million Rubles* The anti-competitive agreement was implemented during the auction for the execution of road repair work The Voronezh Regional Office of the FAS Russia found Road Construction and Repair LLC and (...)

The Hellenic Competition Authority releases a Statement of Objections over resale price maintenance in the gas appliances sector (DIMKA / STAMATOULIS)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Subject: Statement of Objections in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA, following a complaint by STAMATOULIS SA as well as an ex officio investigation of the (...)

The Japanese FTC closes investigation into conduct that allegedly caused all 12 members of a professional baseball association to refuse to sign contracts with certain players (Nippon Professional Baseball)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24947 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Nippon Professional Baseball* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Nippon Professional Baseball (hereinafter referred to as the “NPB”). The NPB is the (...)

The UK Competition Authority fines two suppliers of rolled lead £9.5M for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) (...)

The Romanian Competition Authority assesses the outsourcing of some services by oil & gas company (OMV Petrom / Dietscon consortium / Bonatti association)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29355 visits
The Competition Council Assesses the Outsourcing of Some Services by OMV Petrom* The Competition Council assesses the transactions through which OMV Petrom SA outsources some general surface operations general services related to the activities of extraction and production of oil and natural (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11790 visits
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT (...)

The Spanish Competition Authority opens an investigation into possible price-fixing of sunscreen products (ISDIN)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
The CNMC opens a formal investigation into possible anticompetitive practices of ISDIN, S.A* The potential illegal conduct allegedly consists of fixing resale prices online, at least for sunscreen products. Currently, the CNMC assesses potential competition restrictions imposed by producers (...)

The Indian Competition Authority dismisses cartel allegations against 19 importers of phenol on account of absent conclusive evidence to establish collusion (Sachin Chemicals / Deepak Phenolics / Chokshi Chem / Chemtrade Overseas / Yug...)
Trilegal (Mumbai)
India 8 contributions 6451 visits
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Karkinos Healthcare (Mumbai)
8 contributions 6451 visits
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Bar Association of India (New Delhi)
India 1 contribution 200 visits
The Competition Commission of India (CCI) dismissed allegations of cartelization against 19 importers of phenol, on account of absence of conclusive evidence to establish collusion. The CCI held that mere price parallelism does not amount to cartelisation and closed the case. Significantly, (...)

Unilateral Practices

 The UK Competition Authority finds a breach of competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United States 6 contributions 1088 visits
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Hausfeld (London)
United Kingdom 11 contributions 1652 visits
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Hausfeld (London)
United Kingdom 5 contributions 1300 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The Irish Competition Authority seeks High Court order on ticket sales and distribution company’s agreement (Ticketmaster)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16701 visits
CCPC seeks High Court order on Ticketmaster agreement* Why did the CCPC investigate ticketing? In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected anti-competitive practices in relation to the provision of tickets and the (...)

The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (OSA)
Bird & Bird (Prague)
Czech Republic 25 contributions 4452 visits
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Dentons (Prague)
Czech Republic 14 contributions 3319 visits
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), (...)

The Portuguese Competition Authority issues statement of objections to supermarkets and beverage supplier for price fixing and harming consumers (Modelo Continente / Pingo Doce / Auchan / Active Brands)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30113 visits
AdC issues Statement of Objections to supermarkets and beverage supplier for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued a Statement of Objections to Modelo Continente, Pingo Doce, Auchan and the supplier of alcoholic beverages Active Brands for (...)

The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5039 visits
On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer (...)

The Regional Court of Düsseldorf questions the EU Court of Justice on SEPs licensing in supply chains (Nokia / Daimler)
Orrick, Herrington & Sutcliffe (Dusseldorf)
Germany 5 contributions 1217 visits
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Dechert (Washington)
United States 11 contributions 16519 visits
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Clifford Chance (Dusseldorf)
Germany 4 contributions 574 visits
In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for the supply, distribution, and retail sale of consumer goods and related services
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27052 visits
COFECE investigates possible relative monopolistic practices in the market for the supply, distribution and retail sale of consumer goods and related services* This investigation shall not be understood as a prejudgment, but as an action of the authority to verify compliance with the Federal (...)

The EU Court of Justice rules on the royalty mechanism of a Belgian collecting society in a situation of de facto monopoly (SABAM)
Clifford Chance (Paris)
France 1 contribution 239 visits
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Christian Dior (Paris)
France 1 contribution 239 visits
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University Paris Saclay
France 1 contribution 239 visits
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On 25 November 2020, the European Court of Justice (ECJ) handed down its preliminary ruling in response to the request by the Ondernemingsrechtbank Antwerp as to the interpretation of Article 102 TFEU. The disagreement between Weareone.World and Wecandance on one side, and SABAM, a Belgian (...)

The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
Aquis Exchange
United Kingdom 12 contributions 2192 visits
On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...)

The EU Court of Justice rejects allegations of an abuse of dominance through unfair pricing by the Belgian collective management organization for copyright (SABAM)
University of Liège
Belgium 1 contribution 182 visits
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University of Liège
Belgium 1 contribution 182 visits
On 25 November 2020, the Court of Justice of the European Union (‘CJEU’ or ‘Court’) rendered its judgment on the alleged abuse of dominance by the only Belgian collective management organisation for copyright in musical works (the SABAM). In this decision, the Court confirms that calculation (...)

The EU Court of Justice states that the fee structure for music played at festivals adopted by a collecting society is not necessarily abusive (SABAM)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12060 visits
On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come (...)

The EU Court of Justice publishes its judgment stating that the fee structure for music played at festivals adopted by the Belgian collecting society is not necessarily abusive (SABAM)
Portolano Cavallo (Milan)
Italy 63 contributions 10347 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7121 visits
On November 25, 2020, the Court of Justice (“ECJ”) rendered its judgment in Case C-327/19, stating that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case originated with a request for a (...)

The UK Competition Authority consults on commitments offered by a pharma company to keep its cheaper bipolar drug on the market at an increased price that is still below the company’s more expensive competing bipolar medication (Essential Pharma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA takes swift action in bipolar drug investigation* The CMA is consulting on proposed commitments from Essential Pharma to keep a key bipolar drug on the market, and ensure it is affordable to the NHS. The Competition and Markets Authority (CMA) launched a competition law investigation (...)

The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28625 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27774 visits
Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

The Croatian Competition Authority fines a business-to-business food re-seller for imposing unfair trading practices on its suppliers but reduces the fine in light of cooperation, the company’s small size, and the company’s importance for the national island tourism sector (Jadranka trgovina)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Unfair Trading Practices: CCA imposes HRK 85,000 fine on Jadranka trgovina* The Croatian Competition Agency (CCA) opened three ex officio infringement proceedings against Jadranka trgovina within the meaning of the Act on prohibition of unfair trading practices in the business-to-business (...)

The Polish Competition Authority charges the supermarket group’s buyer company with abuse of contractual advantage against its suppliers (SCA PR Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Contractual advantage - proceedings of the President of UOKiK against SCA PR Polska (Intermarche Group)* President of UOKiK Tomasz Chróstny brought charges against SCA PR Polska, a company responsible in the capital group for purchases in the Intermarche chain. The company is likely to abuse (...)

The Belgian Competition Authority investigates a cosmetic company for its imposition of a maximum discount level on its network of selective distributors (Caudalie)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24211 visits
The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors* On 20 November 2020, the Investigation and (...)

The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

The EU Court of Auditors encourages the Commission to adopt stricter enforcement of existing instruments to regulate Big Tech
Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 604 visits
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Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 604 visits
European Court of Auditors encourages European Commission to tighten the screws on ‘Big Tech’* The Court of Auditors believes that the introduction of new instruments should go hand in hand with stricter enforcement of existing instruments In a Special Report published on 19 November 2020, (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of possible abuse of dominant position in the area of waste management
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
AMO SR initiated an administrative proceedings in the matter of possible abuse of dominant position in the area of waste management* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position, (hereafter “the Office”), based on its own (...)

The UK Competition Authority fines a price comparison website for using a most favored nation clause (ComparetheMarket)
Ashurst (London)
United Kingdom 35 contributions 17133 visits
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Ashurst (London)
United Kingdom 21 contributions 4426 visits
On 19 November 2020, the UK Competition and Markets Authority ("CMA") announced that it had issued an infringement decision finding that the price comparison website ComparetheMarket infringed Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU as a result of the use of wide (...)

The UK Competition Authority fines a price comparison website for applying a most favored nation clause (ComparetheMarket)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA fines ComparetheMarket £17.9m for competition law breach* The CMA has fined ComparetheMarket £17.9 million after it found that clauses used in the company’s contracts with home insurers breached competition law. An investigation by the Competition and Markets Authority (CMA) has (...)

The Guernsey Competition Authority maintains complaint against an important electricity company to enforce its transparency (Guernsey Electricity)
Guernsey Competition Authority (St. Peter Port)
Guernsey 2 contributions 120 visits
GCRA upholds complaint against Guernsey Electricity* The Guernsey Competition and Regulatory Authority (GCRA) has found that Guernsey Electricity Limited (GEL) has breached its Electricity Licence Conditions by failing in its obligation to publish the prices it charges a select number of (...)

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12060 visits
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at (...)

The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12060 visits
In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian (...)

The Turkish Competition Authority re-examines allegations of exclusionary practices in the healthcare sector (Siemens)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83962 visits
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Turkey 10 contributions 4612 visits
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Metro (Dusseldorf)
Germany 2 contributions 358 visits
Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, (...)

The UK Competition Authority fines a comparison website for use of wide MFN clauses (ComparetheMarket)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58456 visits
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Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 19 November 2020, the UK’s Competition and Markets Authority (“CMA”) fined the price comparison website ComparetheMarket, and its parent companies, £ 17.9 million for breaching the UK and EU competition rules. The CMA found that ComparetheMarket breached the prohibition of anti-competitive (...)

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position in the national rail freight market (Lietuvos geležinkelai)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32579 visits
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)

The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position in the national rail freight sector (Lietuvos geležinkelai)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7753 visits
On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but (...)

The EU General Court confirms the Commission’s decision finding that the Lithuanian railway incumbent abused its dominant position by dismantling a rail track (Lietuvos geležinkelai)
Belgian Competition Authority (Brussels)
Belgium 3 contributions 873 visits
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Berkman Klein Center for Internet & Society at Harvard University Information
United States 1 contribution 203 visits
Comment On 18 November 2020, the General Court of the European Union (‘GC’) delivered its ruling in the Lietuvos geležinkeliai [Lithuanian Railways] case and upheld the European Commission’s decision in which the national railway company of Lithuania was found to have abused its dominant (...)

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83962 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4590 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3078 visits
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The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld (...)

The Hellenic Competition Authority releases a statement of objections for alleged abuse of dominant position as well as contractual terms and practices related to the operation of the distribution network against a company in the market of press distribution (ARGOS)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18403 visits
Statement of Objections following an ex officio investigation in the market of Press distribution, in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and /or Articles 101 and 102 TFEU, as well as an ex officio investigation initiated pursuant to HCC’s Decision No (...)

The Hungarian Supreme Court upholds Competition Authority’s finding that a food retail company has abused its dominance (Auchan)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19803 visits
The GVH won the case against Auchan at the Curia of Hungary* Budapest, 13 November 2020 - The Curia of Hungary upheld in its entirety the GVH’s decision to impose a record fine of more than one billion forints. Thus, it has now become final that Auchan has abused its significant market (...)

The Estonian District Court orders a State-owned energy company to pay €7M in damages to a shale oil company for abuse of its dominant position by imposing excessive prices on shale oil supply (Enefit Mines / VKG Oil)
Cobalt Legal (Tallinn)
Estonia 11 contributions 278 visits
Estonian incumbent state-owned energy mining company Enefit Kaevandused AS (“Enefit Mines”) was ordered to pay to VKG Oil AS (“VKG”) for the abuse of dominant position by imposing excessive prices on oil shale supply. The final award was made by Tartu District Court on 21 May 2021, following (...)

The New Zealand Competition Authority proposes that a regulated monopolist can spend $523 million to fix its electricity lines network in Dunedin, Central Otago, and Queenstown Lakes (Aurora Energy)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commission proposes Aurora can spend $523m to fix its network* The Commerce Commission has today released for consultation a package of measures in response to Aurora Energy’s plan to fix its electricity lines network in Dunedin, Central Otago and Queenstown Lakes. In June 2020, Aurora (...)

The Turkish Competition Authority publishes its reasoning behind the investigation conducted against a Big Tech company and its decision to fine the latter for abusing its dominant position (Google Adwords)
ACTECON (Istanbul)
Turkey 24 contributions 4154 visits
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ACTECON (Istanbul)
Turkey 19 contributions 3159 visits
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University of Amsterdam
Netherlands 1 contribution 336 visits
Introduction In the previous days, the Turkish Competition Authority (“TCA”) has published its reasoned decision regarding the investigation conducted against Google. The decision comprises of the TCA’s assessments as to whether Google had abused its dominant position, in violation of (...)

The EU Commission sends a statement of objections to a global e-commerce company for the use of non-public independent seller data and opens a second investigation into its e-commerce business practices (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices* The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules (...)

The Polish Competition Authority fines a manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a (...)

The Italian Competition Authority fines a plastic supply chain consortium €27 million for abuse of dominant position in the recovery of pet plastic packaging (Corepla)
Italian Competition Authority (Rome)
Italy 72 contributions 19211 visits
ICA: sanction of €27 million to Corepla for abuse of dominant position in the recovery of pet plastic packaging* The Authority has found that the consortium has impeded competition and innovation in the services aimed at the recovery and recycling of pet bottles for food use The (...)

The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57161 visits
Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

The Indian Competition Authority orders another investigation against a Big Tech company’s alleged abuse of dominance in the market for online app-based payments (Google UPI)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43073 visits
CCI orders another investigation against Google’s alleged abuse of dominance by Google pay in the market for online app based payments* By way of order dated 09/11/2020, the Competition Commission of India (“Commission/CCI”) has directed the Director-General to cause an investigation against (...)

The Indian Competition Authority opens investigation into Big Tech company’s alleged exclusivity in digital payment services (Google)
Alfred Law
Canada 1 contribution 224 visits
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Indian Competition Commission (New Delhi)
India 1 contribution 224 visits
On November 09, 2020 the Competition Commission of India (hereinafter CCI) directed the Director General (hereinafter ‘DG’) to investigate digital payment services offered by Google, under section 26(1) of the Competition Act, 2002 (hereinafter ‘Act’). The allegations levied by the Informant (...)

The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google UPI)
National University of Study and Research in Law (Ranchi)
India 1 contribution 379 visits
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S&A Law Offices (Jharkhand)
India 1 contribution 379 visits
Introduction Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation (...)

The Indian Competition Authority launches an investigation into allegations of abuse of dominance by a Big Tech company in the Android app store market (Google)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8821 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10714 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10784 visits
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KEY POINTS Even in cases where an information is filed anonymously before the Competition Commission of India (“CCI”), it is within the powers of the Director General (“DG”) to cross-examine the informant; Googles’ market position in the android app market provides it with a significant market (...)

The Polish Competition Authority fines apple concentrate manufacturer for abuse of contractual advantage against its apple suppliers by significantly delaying payments to them (Appol)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
PLN 1.7 million penalty for Appol company for delayed payments to apple growers* The Appol company has been abusing its contractual advantage against apple suppliers by significantly delaying the payments for the completed deliveries of raw material for apple concentrate. President of UOKiK (...)

The Spanish Competition Authority initiates disciplinary proceedings against an industrial equipment supplier for alleged resale price maintenance and related restrictive practices (Maquinaria Garrido)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31594 visits
The CNMC initiates disciplinary proceedings against Maquinaria Garrido S.L. for alleged practices prohibited by the Anti-Trust Law* It is investigating the possible restriction of passive sales by its official distributors outside its exclusive territory, and the possible fixing of resale (...)

The Italian Competition Authority continues its investigation of an orphan drug manufacturer for excessive pricing (Leadiant)
Portolano Cavallo (Milan)
Italy 36 contributions 7121 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10347 visits
In October 2019, the Italian Competition Authority (hereinafter the “ICA” or the “Authority”) launched an investigation into abuse of dominance pursuant to Article 102 TFEU against Leadiant Biosciences Ltd (formerly Sigma Tau Rare Disease Ltd) and other companies in the Leadiant group (...)

The Italian Competition Authority announces it is continuing its inquiry into the alleged abuse of dominance by a pharmaceutical company (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28625 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27774 visits
The Italian competition authority, the “Autorità garante della concorrenza e del mercato” ( AGCM ), announced yesterday that it would continue its inquiry into the practices of pharmaceutical company Leadiant Biosciences ( Leadiant ) until 30 June 2021 (see, attached extract from AGCM’s latest (...)

The Croatian Competition Authority fines a food re-seller for imposing unfair trading practices on its suppliers including consistent late payment of supply invoices (Ribola)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
Unfair Trading Practices – CCA Imposes Hrk 65,000 Fine on Ribola* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view to (...)

Mergers

 The Italian Competition Authority clears a merger in the postal sector creating a near-monopoly position in multiple markets (Poste Italiane / Nexive)
Luiss Guido Carli University (Rome)
Italy 15 contributions 11478 visits
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Luiss Guido Carli University (Rome)
Italy 2 contributions 3717 visits
Poste Italiane S.p.A. (hereinafter also referred to as ’Poste’) is the publicly listed company that heads the Group of the same name, which is active not only in the postal sector but also in many other areas, including financial and insurance services. Poste Italiane is the provider of the (...)

The Australian Competition Authority begins a consultation on the proposed acquisition of health and wellness undertaking by Big Tech company (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

The US FTC sues an internet listing services provider to block the acquisition of competitors (CoStar Group / RentPath)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Sues to Block CoStar Group, Inc.’s Proposed Acquisition of Chief Competitor RentPath Holdings, Inc.* Companies operate internet listing services such as Apartments.com and ApartmentGuide.com The Federal Trade Commission has filed an administrative complaint, and authorized a suit in (...)

The Dutch Competition Authority clears acquisition of national northern newspapers by a media company (Mediahuis)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM clears acquisition of northern newspapers by media company Mediahuis* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch publisher NDC mediagroep by Mediahuis. NDC is a relatively small competitor on the newspaper market. The acquisition will (...)

The EU Commission clears several telecommunication undertakings’ acquisition of a fibre network operator, subject to conditions (Altice / Allianz / Omer / Covage)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Mergers: Commission clears Altice, Allianz and Omers’ joint acquisition of Covage, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Covage by SFR FTTH, a company jointly controlled by Altice, Allianz and Omers. The (...)

The Lithuanian Competition Authority clears with behavioral commitments a telecom’s acquisition of retail broadband and IPTV business of State-owned radio and TV company (Bite Lietuva / Mezon)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 53 visits
In November 2020, Lithuanian competition authority has cleared a merger between Bite Lietuva and state-owned business Mezon with behavioural commitments. The merger was approved on the condition that Bite shall not lease or transfer Mezon’s 2.3GHz and 2.6GHz frequencies to its joint (...)

The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian (...)

The Egyptian Government approves its first pre-notification merger regime
White & Case (Washington)
United States 50 contributions 28388 visits
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White & Case (Washington)
United States 10 contributions 4470 visits
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White & Case (Cairo)
Egypt 2 contributions 773 visits
Egypt is getting closer to adopting a new merger control regime that would transform the system from a post-closing to a pre-closing filing regime. The Egyptian Council of Ministers has approved a draft proposal to amend Egypt’s antitrust legislation accordingly. If enacted, the amendments (...)

The US DoJ requires divestiture of digital do-it-yourself tax preparation business for the merger of financial software companies to proceed (Intuit / Credit Karma)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Requires Divestiture of Credit Karma Tax for Intuit to Proceed with Acquisition of Credit Karma* Divestiture Will Preserve Competition for Digital Do-It-Yourself Tax Preparation Products The Department of Justice announced today that it is requiring Intuit Inc. and (...)

The German Competition Authority unconditionally clears merger of online classified ads platforms (eBay Classifieds Group / Adevinta)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Bundeskartellamt clears merger between eBay Classifieds Group and Adevinta* The Bundeskartellamt has cleared the notified merger between the eBay Classified Group and Adevinta. As a result of the merger the previous eBay subsidiary eBay Classifieds Group will be taken over by Adevinta. In (...)

The Cypriot Competition Authority finds that a proposed acquisition in the banking sector does not fall under the national merger law because one party has no existing activities in the country (Bain Capital / CAC CORAL)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9068 visits
On the 10th of November 2020, the Commission for the Protection of Competition (hereinafter the “Commission”) received on behalf of Bain Capital Credit Global ICAV (hereinafter “Bain Capital”), a notification of a proposed concentration. The notification was filed according to Section 10 of (...)

The German Competition Authority clears hospital merger in the eastern Ruhr area (Kath. St.-Johannes-Gesellschaft Dortmund / Katholische St. Lukas Gesellschaft / Marienkrankenhaus Schwerte gem. / Katholische Klinikum Lünen)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Bundeskartellamt clears hospital merger in the eastern Ruhr area* The Bundeskartellamt has no objections to the establishment of a new hospital holding company by the operators of Kath. St.-Johannes-Gesellschaft Dortmund gGmbH, Dortmund, Katholische St. Lukas Gesellschaft mbH, Dortmund, (...)

The Belgian Competition Authority authorizes with remedies the acquisition of a commercial vehicle dealer company by its competitor (Delorge group / Coox)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24211 visits
Decision of the Competition College of the BCA in respect of the merger between the Delorge group and Coox* The Competition College of the Belgian Competition Authority (BCA) has on 19 November 2020 authorized with remedies the acquisition by the Holding Groep Delorge BV (Groep Automotive (...)

The German Competition Authority clears the merger of two book retailers (Thalia / Osiander)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Bundeskartellamt clears merger of Thalia and Osiander* The Bundeskartellamt has today cleared the notified merger of the two book retailers Thalia and Osiander. With 312 bookshops across the country, Thalia is the largest bookstore chain in Germany; Osiander runs 72 bookshops mainly located (...)

The EU Commission refers the acquisition of a telecom company back to the UK Competition Authority (Telefónica / Liberty Global)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
Mergers: Commission refers acquisition of newly created joint venture by Telefónica and Liberty Global to the UK competition authority* The European Commission has referred the proposed acquisition by Telefónica S.A. and Liberty Global PLC of a newly created joint venture to the Consumers (...)

The UK Competition Authority gets a case referred back by the EU Commission concerning a merger in the telecommunications sector (Telefónica / Liberty Global)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
European Commission refers review of Virgin and O2 deal to CMA* Following a request from the CMA, the European Commission has referred the proposed merger of Virgin Media and Virgin Mobile with O2 to the CMA for investigation. Following the announcement of the deal on 7 May 2020, the (...)

The French Competition Authority clears, without remedies, the merger between two companies in the clothing sector (Oosterdam / Happychic)
French Competition Authority (Paris)
France 747 contributions 409238 visits
The Autorité de la concurrence clears the merger of Oosterdam (Pimkie, Grain de Malice) and Happychic (Jules, Brice, Bizzbee) groups* The Oosterdam (Pimkie, Grain de Malice) and Happychic (Jules, Brice, Bizzbee) groups, both ultimately owned by members of the Mulliez family, have notified (...)

The Polish Competition Authority expresses reservation about a takeover transaction in the media sector and indicates that such concentration may lead to the restriction of competition (Agora / Eurozet)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
Agora/Eurozet concentration - reservations expressed by the President of UOKiK* President of UOKiK Tomasz Chróstny has informed the parties of their reservations about the transaction of Agora taking over Eurozet and indicated that such concentration may lead to the restriction of (...)

The UK Competition Authority proposes updates to the merger control guidance and procedure
Baker Botts (Brussels)
Belgium 29 contributions 49504 visits
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Baker Botts (Brussels)
Belgium 28 contributions 21504 visits
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Baker Botts (Brussels)
Belgium 10 contributions 8421 visits
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In preparation for the end of the Brexit transition period, the CMA has recently released two consultations inviting comments on proposed updates to its merger control guidance and procedures. On 17 November 2020, the CMA released draft updates to its Merger Assessment Guidelines, which (...)

The UK Competition Authority opens consultation on revised merger assessment guidelines
Morgan Lewis (London)
United States 14 contributions 5970 visits
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Hausfeld (London)
United Kingdom 5 contributions 1151 visits
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

The Ecuadorian Government issues the second package of reforms to its merger competition regime
Pérez Bustamante & Ponce (Quito)
Ecuador 2 contributions 647 visits
New reforms to Ecuador’s merger control regime and restrictions ‘by object’* Last week (November 17, 2020), Ecuador’s Executive Branch issued the second package of reforms to its competition regime this year (Executive Decree 1193). The two main changes have to do with merger control and (...)

The Dutch Competition Authority clears a merger in the telecommunications sector (Simpel / T-mobile)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM clears acquisition of Dutch telecom operator Simpel by rival operator T-Mobile* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of telecom operator Simpel by rival operator T-Mobile. Over its fixed and mobile networks, T-Mobile offers consumers (...)

The French Competition Authority clears the acquisition of 556 stores subject to divestment of 9 stores (Leader Price / Aldi)
French Competition Authority (Paris)
France 747 contributions 409238 visits
Aldi – Leader Price transaction: The Autorité clears the acquisition of 554 Leader Price stores and 2 Casino stores by Aldi, subject to the divestiture of 9 stores* In a decision issued today, the Autorité de la concurrence cleared the acquisition of Leader Price by Aldi, subject to (...)

The UK Competition Authority launches consultation on revised merger assessment guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27982 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33146 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14197 visits
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Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and (...)

The German Competition Authority finds competition concerns in proposed merger of major food retailers and extends the deadline for a decision to negotiate solutions with the companies (Real / Kaufland)
German Competition Authority (Bonn)
Germany 457 contributions 116593 visits
Bundeskartellamt has concerns about Kaufland’s acquisition of Real stores - negotiations on commitments - deadline extended to 30 December* The Bundeskartellamt is currently examining plans by Kaufland to acquire up to 101 Real stores from SCP Retail S.àr.l. The authority has today informed (...)

The UK Competition Appeal Tribunal dismisses the Competition Authority’s decision and authorizes the acquisition of a company in the sports retailing sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10048 visits
On 13 November 2020, the UK Competition Appeal Tribunal (“CAT”) upheld an appeal brought by JD Sports against the Competition and Markets Authority’s (“CMA”) decision to prohibit its already completed acquisition of rival retailer Footasylum. On 6 May 2020, the CMA had blocked the merger (...)

The UK Competition Appeal Tribunal dismisses a social media company’s appeal against an order of the Competition Authority preventing a merger (Facebook / Giphy)
Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 13 November 2020, the UK’s Competition Appeal Tribunal (“CAT”) dismissed Facebook’s appeal against an order by the UK’s Competition and Markets Authority (“CMA”) preventing Facebook from integrating with Giphy, a company it had acquired while the CMA conducted its investigation into the (...)

The Croatian Competition Authority informs that the remedy of divesting shares in the national telecom merger has been carried out (Optima / HT)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19953 visits
CCA OFFICIAL STATEMENT REGARDING THE PUBLISHING OF INFORMATION IN THE DIVESTMENT PROCEDURE OF OPTIMA SHARES BY HT* With respect to the queries of third parties, the Croatian Competition Agency (CCA) herewith informs the public that the divestment procedure involving the selling off the (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s suspension of a merger between a social media company and an online graphics database company pending an ongoing investigation (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA welcomes Tribunal judgment in Facebook and Giphy case* The CMA welcomes today’s Competition Appeal Tribunal judgment which dismissed all of Facebook’s grounds of appeal. The Competition and Markets Authority (CMA) is currently investigating Facebook’s purchase of Giphy, which completed (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to prevent the acquisition of an online graphics database by a social media company (Facebook / Giphy)
Ashurst (London)
United Kingdom 35 contributions 17133 visits
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Ashurst (London)
United Kingdom 15 contributions 4186 visits
In a unanimous judgment, the Competition Appeal Tribunal ("CAT") dismissed Facebook’s application challenging the CMA’s refusal to grant certain derogations from an initial enforcement order ("IEO") imposed in connection with Facebook’s completed acquisition of GIPHY, Inc. WHAT YOU NEED TO (...)

The UK Competition Appeal Tribunal supports the Competition Authority’s approach to estimating the merger effects on consumers but finds that it did not gather enough information about the impact of the COVID-19 pandemic on the merger (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA considers next steps in JD Sports/Footasylum merger* The CMA is considering its next steps following today’s Competition Appeal Tribunal judgment in the JD Sports/Footasylum case. JD Sports had appealed the Competition and Market Authority’s (CMA) final decision to block its takeover (...)

The Slovak Competition Authority approves a merger grounded on the acquisition of direct exclusive control in the sector of health care (AGEL SK / Faculty Hospital / Polyclinic Skalica)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
Mergers: AMO SR approved the merger of undertakings AGEL SK a.s. and Faculty Hospital with Polyclinic Skalica, a.s.* On 3 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") approved a merger grounded in the acquisition of (...)

The UK Competition Appeal Tribunal upholds the appeal brought by a company for a merger in the sports retail sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Ashurst (London)
United Kingdom 21 contributions 4426 visits
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Ashurst (London)
United Kingdom 4 contributions 656 visits
On 13 November 2020, the UK Competition Appeal Tribunal ("CAT") published its judgment in relation to the merger of JD Sports and Footasylum. The merger was prohibited by the UK Competition and Markets Authority ("CMA") in May, but JD Sports appealed. The CAT partially upheld the appeal and (...)

The US FTC files a complaint and sues to block a proposed acquisition of two hospitals by a healthcare company (Methodist Le Bonheur Healthcare / Saint Francis)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Sues to Block Proposed Acquisition of Two Memphis-Area Hospitals* Transaction would eliminate competition, increase prices, and reduce quality of care The Federal Trade Commission has filed an administrative complaint, and authorized a suit in federal court, to block the proposed $350 (...)

The UK Competition Authority agrees to fast-track the merger review of the country’s 2 largest equity crowdfunding platforms (Crowdcube / Seedrs)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
Crowdcube/Seedrs deal fast tracked to in-depth CMA investigation* The CMA has agreed to ‘fast track’ the anticipated merger of Crowdcube and Seedrs to an in-depth Phase 2 investigation, after finding likely competition concerns. Crowdcube Limited (Crowdcube) and Seedrs Limited (Seedrs) are (...)

The Indian Competition Authority approves a merger between two power generation companies (Greenko Energy Holdings / Orix)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8821 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10714 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10784 visits
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Greenko Energy Holdings (“GEH / Party No. 1”) is a company limited by shares incorporated in Mauritius, engaged principally in the business activity of investment holding. It is the holding company of the Greenko Group of Companies (“Greenko”). GEH has an Indian subsidiary which is primarily (...)

The Slovak Competition Authority opens proceedings for the merger of two energy companies (ČEZ ESCO / Slovenský plynárenský priemysel)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
MERGERS: AMO SR initiated an administrative proceedings in the matter of a merger of companies ČEZ ESCO, a.s., and Slovenský plynárenský priemysel, a. s.* On 10 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office”) initiated an (...)

The Norwegian Competition Authority prohibits the acquisition by a competitor in the car digital marketplace sector (Schibsted / Nettbil)
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3878 visits
Schibsted must sell Nettbil* The Norwegian Competition Authority has decided to intervene against Schibsted’s acquisition of Nettbil. The Authority is of the view that the acquisition will weaken competition in the market for online sales of used cars and will result in poorer services for (...)

The Indian Competition Authority clears acquisition by a Big Tech company of a minority shareholding in its commercial partner for new low-cost smartphones (Google / Jio Platforms)
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 16743 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 56 contributions 16093 visits
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Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20021 visits
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The CCI cleared the acquisition by Google International LLC (Google) of approximately 7.73% of the equity share capital in Jio Platforms Limited (Jio Platforms), a subsidiary of Reliance Industries Limited (RIL). Google group entities also entered into a commercial agreement with Jio Platforms (...)

The UK Competition Authority clears a trading systems firm’s proposal to sell its fixed-income business in order to resolve competition concerns about the completed merger (ION Technology Group / Broadway Technology)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
Trading systems firms address CMA competition concerns* The CMA has accepted a proposal from ION to sell Broadway’s fixed income business in order to resolve competition concerns about the completed merger. ION Investment Group Limited (ION) and Broadway Technology Holdings (Broadway) (...)

The UK Competition Authority launches consultation on updated merger guidance
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA launches consultation on updated merger guidance* The CMA has today launched a consultation on updates to 2 of its merger guidance documents. The guidance has been updated in preparation for the end of the Transition Period following the UK’s departure from the European Union. The (...)

The UK Competition Authority updates its merger guidance documents
Morgan Lewis (London)
United States 14 contributions 5970 visits
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Morgan Lewis (London)
United Kingdom 2 contributions 365 visits
The UK’s Competition and Markets Authority (CMA) on 6 November published draft updates to two of its merger guidance documents (CMA2 and CMA56) in preparation for the end of the Brexit Transition Period on 31 December 2020. The CMA has launched a consultation on the proposed amendments which (...)

The Australian Competition Authority investigates acquisition of shares between two financial comparison sites (iSelect / Innovation Holdings)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
ACCC to investigate the acquisition of iSelect shares by Compare the Market’s owners* The ACCC is investigating acquisitions by Innovation Holdings Australia Pty Ltd. that would provide it with approximately 35 per cent of the shares of iSelect Limited (ASX: ISU). Innovation Holdings (...)

The UK Competition Authority blocks investment in a technology merger after finding it could lead to a reduction in the quality of service and higher prices (FNZ / GBST)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
CMA blocks investment technology merger* The CMA has ordered FNZ to sell GBST after finding their completed merger could lead to a reduction in the quality of service and higher prices. In its final report, published today, the Competition and Markets Authority (CMA) has found that the (...)

The UK Competition Authority blocks a completed investment technology merger after finding it would lessen competition (FNZ / GBST)
Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 5 November 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the platform technology provider FNZ to sell GBST after finding that the completed merger between the two rivals would result in a substantial lessening of competition, which would lead to higher prices and a (...)

The US DoJ sues to block a global credit card company’s proposed acquisition of a leading financial data aggregation company (Visa / Plaid)
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Sues to Block Visa’s Proposed Acquisition of Plaid* Acquisition Would Eliminate Nascent Competitor Plaid and Prevent Disruption of Visa’s Monopoly in Online Debit Today, the Department of Justice filed a civil antitrust lawsuit to stop Visa Inc.’s $5.3 billion (...)

The UK Competition Authority blocks an already completed merger of retail investment software firms (FNZ / GBST)
Ashurst (London)
United Kingdom 21 contributions 4426 visits
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Ashurst (London)
United Kingdom 3 contributions 225 visits
On 6 November 2020, the UK Competition and Markets Authority ("CMA") ordered FNZ to sell GBST, having concluded that the acquisition raised significant competition concerns in the supply of software and services which enable retail investment platforms in the UK. WHAT YOU NEED TO KNOW - KEY (...)

The UK Competition Authority accepts the sale of the firm’s global total ankle replacement business as a remedy to clear the merger of medical suppliers of orthopedic products (Stryker / Wright Medical Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
Medical device supplier resolves CMA concerns* The CMA has accepted a proposal from Stryker to sell its business in the UK total ankle prostheses market to resolve competition concerns. Stryker Corporation (Stryker) and Wright Medical Group N.V. (Wright) both manufacture a range of (...)

The Australian Competition Authority closes investigation into the merger of commercial laundry services firms after the firms withdraw from the merger (South Pacific Laundry / Spotless Laundries)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84388 visits
South Pacific Laundry withdraws bid for Spotless Laundries* South Pacific Laundry (SPL) has withdrawn its request for merger clearance of its proposed acquisition of Spotless Laundries after it decided not to proceed with the transaction. Spotless Laundries is part of Spotless Group (...)

The Dutch Competition Authority clears acquisition of parts of a health care provider after transfer of district nursing in two towns (Careyn / Thebe)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36684 visits
ACM clears acquisition of parts of health care provider Careyn by Thebe after transfer of district nursing in two towns* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared health care provider Thebe Wijkverpleging to acquire some of the activities of rival (...)

The Italian Competition Authority initiates an investigation into a cooperative joint venture between copyright collecting companies (New IMAIE / SCF)
Portolano Cavallo (Milan)
Italy 63 contributions 10347 visits
The Italian Competition Authority opened an investigation into a potential anti-competitive agreement in connection with the creation of a joint venture between two copyright collecting societies. On November 3, 2020, the Italian Competition Authority (AGCM or the “ICA”) opened a formal (...)

The US FTC clears a merger between two medical device companies subject to divestments (Stryker / Wright Medical Group)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43112 visits
FTC Requires Medical Device Companies Stryker Corp. and Wright Medical Group N.V. to Divest Assets to Preserve Competition* The Federal Trade Commission will require medical device companies Stryker Corp. and Wright Medical Group N.V. to divest all assets related to Stryker’s total ankle (...)

The UK Competition Authority cancels its investigation into the educational supplies merger after firms announce their withdrawal (YPO / Findel)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
Educational supplies firms abandon merger during CMA investigation* YPO has abandoned its proposed deal with Findel. The CMA published its provisional findings outlining its concerns about the merger last month. The Competition and Markets Authority (CMA) has therefore today confirmed it (...)

State Aid

 The Spanish High Court of Justice for Aragon rejects an appeal over a tax exemption for a regional tax on large retailers because the appellant does not satisfy the exemption (Aki Bricolaje Espana)
Judicial Ethics Commission (Madrid)
Spain 39 contributions 2210 visits
Aragón High Court of Justice dismisses the appeal against the assessment of the regional tax on large retail establishments in Aragon on the ground that what constituted State aid was the exemption for certain establishments but not in the case of the now appellant undertaking. Background (...)

The EFTA Surveillance Authority approves amendments to a compensation scheme for bus and passenger boat services in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves amendments to a compensation scheme for bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has today approved amendments making it easier for eligible bus and boat service operators to access funding. On 20 July 2020, ESA (...)

The EU Commission approves Austrian measures to support rail freight and passenger operators affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves Austrian measures to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, two Austrian measures supporting the rail freight sector and one measure supporting the rail (...)

The EU Commission approves a competitive tender mechanism to compensate for the early closure of hard coal-fired power plants in Germany
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves competitive tender mechanism to compensate for early closure of hard coal-fired power plants in Germany* The European Commission found that a competitive tender mechanism introduced by Germany to compensate hard coal-fired power plants for phasing out earlier (...)

The EFTA Surveillance Authority approves prolonged support to airlines in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves prolonged support to airlines in Norway* The EFTA Surveillance Authority (ESA) has today approved an amendment and prolongation of the existing guarantee scheme for airline operators facing acute liquidity shortages until 30 June 2021. Air travel has (...)

The EU Commission approves €120 million Luxembourg scheme to support uncovered fixed costs of companies affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves €120 million Luxembourg scheme to support uncovered fixed costs of companies affected by coronavirus outbreak* The European Commission has approved a Luxembourg State aid scheme to support the uncovered fixed costs of companies affected by the coronavirus (...)

The EU Court of Justice rules that national courts should order a recipient of unlawful aid to pay the “illegality interest” even where the Commission finds that the aid is granted to an undertaking performing a Service of General Economic Interest (Viasat Broadcasting UK / TV2 Danmark)
Hogan Lovells (Brussels)
Belgium 37 contributions 6476 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 34997 visits
On 24 November 2020, the Grand Chamber of the European Court of Justice delivered a judgment that. It provides important guidance with regard to the obligation for national courts to order the recipient of an unlawful aid (aid that was granted in breach of the prior notification rule) to pay (...)

The Italian Supreme Court annuls a ruling by the Piedmont Regional Tax Court which voided a decision requiring two companies to return illegal State aid (A.O. / A.A.)
BonelliErede (Brussels)
Belgium 28 contributions 23387 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1161 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2144 visits
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On 20 November 2020, the Supreme Court delivered Decision No. 26477 in a case concerning penalties imposed by the ITA on A.O. and A.A. for failure to comply with the implementing provisions of a Commission recovery order. Background & facts of the case By Decision 2005/315/EC of 20 (...)

The EU Commission approves Danish fund to enable €1.34 billion of capital support to large companies affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves Danish fund to enable €1.34 billion of capital support to large companies affected by coronavirus outbreak* The European Commission has approved Danish plans to set up a fund with a target size of up to DKK 10 billion (approximately €1.34 billion) to (...)

The EU Commission approves German “umbrella” scheme to support uncovered fixed costs of companies affected by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves German “umbrella” scheme to support uncovered fixed costs of companies affected by coronavirus outbreak* The European Commission has approved a German “umbrella” scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The (...)

The EU Commission approves Austrian ”Fixkostenzuschuss Phase II” scheme to support uncovered fixed costs of companies affected by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves Austrian ”Fixkostenzuschuss Phase II” scheme to support uncovered fixed costs of companies affected by coronavirus outbreak* The European Commission has approved the Austrian “Fixkostenzuschuss Phase II” scheme to support the uncovered fixed costs of companies (...)

The Polish Competition Authority extends its aid programs to help entrepreneurs during the COVID-19 pandemic
Polish Competition Authority (Warsaw)
Poland 120 contributions 22653 visits
UOKiK notifies extension of aid programmes* On 13 November of this year UOKiK has notified the extension of the aid programmes to the European Union, the objective of which is to support Polish entrepreneurs in relation to the Covid-19 epidemic. The Authority expects the EC to issue its (...)

The EFTA Court defines notions of “undertaking” and “economic activities” concerning services in support of Norwegian digital health infrastructure (Abelia / WTW)
Aquis Exchange
United Kingdom 12 contributions 2192 visits
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Hogan Lovells (Brussels)
Belgium 37 contributions 6476 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 34997 visits
On 17 November 2020, the EFTA Court dismissed an application for annulment against the EFTA Surveillance Authority (“ESA”) Decision No 57/19/COL of 10 July 2019 (the “Contested decision”). The Contested decision found that the public financing of eHealth and digital health infrastructure in (...)

The EU Commission Executive Vice-President Margrethe Vestager gives a speech on the future of State aid rules for the recovery from the current COVID-19 pandemic
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2781 visits
On 16 November 2020, Executive VP and Competition Commissioner Vestager spoke at the State Aid High Level Forum of the Member States, focusing on new State aid rules to respond to the current economic crisis caused by the pandemic. In addition to the Temporary Framework for State Aid, which (...)

The EU Commission approves German nation-wide scheme to support the deployment of Gigabit networks in Germany
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves German nation-wide scheme to support deployment of Gigabit networks in Germany* The European Commission has approved, under EU State aid rules, a German scheme to support the deployment of very high capacity broadband networks offering Gigabit speeds in (...)

The EFTA Surveillance Authority approves Norwegian prolongation of trade credit insurance scheme due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves prolongation of trade credit insurance scheme* The EFTA Surveillance Authority (ESA) has today approved the prolongation of a scheme ensuring access to trade credit insurance for enterprises with activity in Norway. The scheme aims to ensure access to trade (...)

The EFTA Surveillance Authority approves prolongation of Norwegian guarantee scheme that ensures access to liquidity for companies due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves prolongation of Norwegian support to businesses* The EFTA Surveillance Authority (ESA) has today approved amendments to a guarantee scheme in Norway that ensures access to liquidity for companies, including a prolongation of the scheme. On 26 March 2020, ESA (...)

The EFTA Surveillance Authority approves prolongation of Norwegian assistance to regions in the form of regionally differentiated social security contributions
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
ESA approves prolongation of Norwegian assistance to regions* The EFTA Surveillance Authority (ESA) has today decided to approve a prolongation of regionally differentiated social security contributions in Norway. Since 1975, social security contributions have been regionally (...)

The EU Commission approves a Romanian scheme worth €150M to support investments in district heating systems based on renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves €150 million Romanian scheme to support investments in district heating systems based on renewable energy sources* The European Commission has approved, under EU State Aid rules, a Romanian scheme to support the construction and/or upgrade of district heating (...)

The EFTA Surveillance Authority approves Icelandic schemes to compensate companies suffering income losses due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves Icelandic schemes to compensate companies* The EFTA Surveillance Authority (ESA) has today approved two Icelandic schemes that will offer direct grants to companies suffering income losses as a result of the ongoing COVID-19 pandemic. Since the outbreak of (...)

The EFTA Surveillance Authority approves Norwegian renewal of support scheme for cultural events due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28768 visits
COVID-19 pandemic: ESA approves renewal of support scheme for cultural events in Norway* The EFTA Surveillance Authority (ESA) has today approved renewal and amendments of a scheme to cover losses following cancellation and postponement of events. Events across Norway have been cancelled (...)

The EU Commission approves €1.5 billion Dutch scheme to compensate public transport companies for damages suffered due to COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930177 visits
State aid: Commission approves €1.5 billion Dutch scheme to compensate public transport companies for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Dutch scheme of around €1.5 billion to compensate companies providing regional (...)

Procedures

 The German Regional Court of Düsseldorf refers several questions to the EU Court of Justice regarding the licensing of standard essential patents within multi-level supply chains (Nokia / Daimler)
Orrick, Herrington & Sutcliffe (Dusseldorf)
Germany 5 contributions 1217 visits
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Clifford Chance (Dusseldorf)
Germany 4 contributions 574 visits
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Dechert (Washington)
United States 11 contributions 16519 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision of November 26, 2020, in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O (...)

The EU Court of Justice clarifies the application of the special jurisdiction rules in the Brussels recast regulation regarding an action based on an abuse of dominant position (Wikingerhof / Booking.com)
Hausfeld (London)
United Kingdom 20 contributions 5369 visits
The Brexit “deal” may be done but the judgments of the CJEU continue to be relevant for competition damages claims in the UK. The pre-end of transition period judgment of the CJEU in C-59/19 Wikingerhof GmbH & Co. KG v Booking.com BV (Wikingerhof) of 24 November 2020 clarifies the (...)

The EU Court of Justice rules that a hotel using an online booking platform may, in principle, bring proceedings against that platform before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position (Wikingerhof / Booking.com)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110118 visits
A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position* Even though the practices which are thus the subject of (...)

The EU Court of Justice decides that a hotel using an online booking platform can challenge a possible abuse of dominance against that platform before a court of the Member State where the hotel is established (Wikingerhof / Booking.com)
Portolano Cavallo (Rome)
Italy 1 contribution 69 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10347 visits
The Court of Justice of the European Union, in Case 59/19, ruled that, to challenge a possible abuse of dominant position, a hotel using an online booking platform is entitled to bring proceedings against that platform before a court of the Member State where the hotel is established, (...)

The EU Court of Justice rules that an online travel agency has abused its dominant position, and opens greater access to victims to bring actions before national courts (Wikingerhof / Booking.com)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3447 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5931 visits
On 24 November 2020, the Grand Chamber of the Court of Justice (the “ECJ”) ruled that the special jurisdiction rule for tort disputes under Regulation 1215/2012 (the “Brussels I bis Regulation”) applies to actions based on a breach of competition law, even within the context of a contractual (...)

The EU Court of Justice rules that an action based on an abuse of dominant position is a matter relating to tort regarding the European regulations even if the parties are bound by a contract (Wikingerhof / Booking.com)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 182 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 182 visits
On November 24, 2020, the European Court of Justice (hereinafter “ECJ”) delivered a judgment relating to the application of article 7, point 2, of the European Union’s Regulation n°1215/2012 (hereinafter “Brussels I bis”). In the present case, the company Wikingerhof GmbH operated a hotel in (...)

The French Competition Authority declines its competence for ruling on practices implemented in French Polynesia
French Competition Authority (Paris)
France 747 contributions 409238 visits
The Autorité de la concurrence declines its competence for ruling on practices implemented in French Polynesia* In its decision of 22 August 2019, the Autorité polynésienne de la concurrence ruled that the Wane Group had breached the Polynesian Code of Competition Law (code de la concurrence (...)

The French Competition Authority welcomes the decisive step towards transposition of the ECN+ Directive taken by Parliament with the adoption of the DDADUE bill containing various provisions adapting to EU law in the economic and financial field
French Competition Authority (Paris)
France 747 contributions 409238 visits
The Autorité de la concurrence welcomes the decisive step towards transposition of the ECN+ Directive taken by Parliament on Wednesday with the adoption of the DDADUE bill* The adoption by Parliament on Wednesday 18 November 2020 of the DDADUE bill (a bill containing various provisions (...)

The US DoJ signs a memorandum of understanding with the South Korean prosecution service to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries
US Department of Justice (Washington)
United States 180 contributions 79462 visits
Justice Department Signs Antitrust Memorandum of Understanding with Korean Prosecution Service* Yesterday, the Department of Justice signed an antitrust Memorandum of Understanding (MOU) with the Korean Prosecution Service (KPS). The MOU is designed to promote increased cooperation and (...)

The Slovak Competition Authority fines a company for a failure to submit required documentation and information within a stipulated time limit and the submission of false information (Slovenská pošta)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5752 visits
AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information – additional information* On 29 October 2020 the Antimonopoly Office of the Slovak Republic, (...)

The England & Wales Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3243 visits
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Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38610 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8873 visits
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The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary (...)

The England & Wales Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals in EU Commission infringement decisions issued under the settlement procedure (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2592 visits
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Ashurst (London)
United Kingdom 7 contributions 1414 visits
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The UK Supreme Court hands down a judgment in a competition damages lawsuit and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Secretary of State for Health / Servier Laboratories)
Shearman & Sterling (Brussels)
Belgium 21 contributions 10380 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14314 visits
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Financial Conduct Authority (London)
United Kingdom 2 contributions 582 visits
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Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The Japanese FTC proposes amendments to rules for eliminating seals to promote online procedures
White & Case (Tokyo)
Japan 21 contributions 3476 visits
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White & Case (Tokyo)
Japan 20 contributions 3376 visits
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White & Case (Tokyo)
Japan 21 contributions 3476 visits
On November 2, 2020, the Japan Fair Trade Commission ("JFTC") proposed amendments to relevant rules ("Drafts") in accordance with the Government of Japan’s "Regulatory Reform Implementation Plan" ("Government’s Plan") decided by the Cabinet on July 17, 2020. The JFTC seeks comments from the (...)

Regulatory

 The EU Commission presents its Digital Services Act and Digital Markets Act which constitute a major step forward in the regulation of digital markets
Liege Competition and Innovation Institute
Belgium 3 contributions 320 visits
Digital Markets Act: beware of procedural fairness and judicial review booby-traps!* On 15 December 2020, the European Commission presented its ambitious Digital Services Act and Digital Markets Act. Those Acts, which at this stage are only legislative proposals for future EU Regulations (...)

The EU Commission presents the pharmaceutical strategy for Europe
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56375 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28625 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27774 visits
On 25 November 2020, the European Commission (the Commission) unveiled its Pharmaceutical Strategy for Europe (PSE), a wide-ranging document that discusses a series of broad policy statements, tentative considerations and concrete measures to tackle the many challenges faced by the (...)

The Austrian Government amends its taxi and private hire car regulation to remove the taximeter requirement from journeys concluded by way of a communications service
Austrian Competition Authority (Vienna)
Austria 64 contributions 7731 visits
New amendment to Occasional Traffic Act enables increased competition in the taxi and private hire car market* The Occasional Traffic Act (GelverkG), which includes provisions on the requirement to hold a licence, including the scope and granting of said licence in relation to the combined (...)

The Austrian Government plans to reverse amendments to the Occasional Traffic Act to increase competition, consumer choice, and innovation in the taxi and private hire car markets
K&L Gates (Brussels)
Belgium 3 contributions 419 visits
As previously reported in this Newsletter, in September 2020 the Austrian Federal Competition Authority (“AFCA”) published the results of a sector inquiry into the taxi and private hire car market. The AFCA found that certain planned amendments to the Occasional Traffic Act (“AOTA”) would (...)

The Spanish Government amends the FDI screening regime and temporarily extends the regime to investments made by EU/EEA investors above given thresholds
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47188 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4210 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22317 visits
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Royal Decree-Law 34/2020, of 17 November, on urgent measures supporting business solvency and others (RDL 34/2020), has been published today introducing (i) a new amendment to the foreign direct investment (FDI) screening regime applicable to critical infrastructures, supplies, technologies (...)

The Spanish Government extends its temporary foreign direct investment screening mechanism
Van Bael & Bellis (Brussels)
Belgium 1 contribution 100 visits
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Van Bael & Bellis (Brussels)
Belgium 31 contributions 4263 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 100 visits
On 19 November 2020, an amendment of the Spanish temporary foreign direct investment (“FDI”) screening mechanism entered into force (the “Amendment”). The Amendment broadens the screening regime introduced in March 2020, notably to also include investments from EU and EFTA investors. First, (...)

The Spanish Government enacts a foreign direct investments mechanism
Ashurst (Madrid)
Spain 14 contributions 2378 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1493 visits
In March 2020, the Spanish Government introduced a screening mechanism for certain foreign direct investments in Spain (the "Spanish FDI Regime"), which requires prior administrative authorisation from the Council of Ministers of investments made by non-EU/EFTA investors in Spanish companies (...)

The Spanish Parliament approves a new reform of the Foreign Direct Investment regime through the enactment of a Royal decree on urgent measures to support business solvency, the energy sector and tax matters
Hogan Lovells (Madrid)
Spain 47 contributions 92433 visits
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Hogan Lovells (Madrid)
Spain 2 contributions 186 visits
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KPMG (Madrid)
24 contributions 2835 visits
The Spanish government last week approved a new reform of the legal regime that establishes a screening regime for certain foreign direct investments ("FDI") in Spain, (the "Reform"), through the enactment of Royal Decree-Law 34/2020, of 17 November, on urgent measures to support business (...)

The Spanish Government approves the reform of the legal regime that establishes a screening regime for certain foreign direct investments
Hogan Lovells (Madrid)
Spain 47 contributions 92433 visits
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KPMG (Madrid)
24 contributions 2835 visits
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Hogan Lovells (Madrid)
Spain 2 contributions 186 visits
The Spanish government last week approved a new reform of the legal regime that establishes a screening regime for certain foreign direct investments ("FDI") in Spain, (the "Reform"), through the enactment of Royal Decree-Law 34/2020, of 17 November, on urgent measures to support business (...)

The Dutch Government implements the EU regulation establishing a framework for the screening of foreign direct investments
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1990 visits
On 17 November 2020, the Dutch Senate passed a law (the “Implementing Law”) implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (the “FDI Regulation”). The (...)

The Spanish Government introduces a foreign direct investment screening regime
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47188 visits
In the framework of a larger urgent legislative package to ease the effects of the Covid-19 crisis in the economy in the spring of 2020, the Spanish Government put in place a new foreign direct investment (FDI) screening system applicable to non-EU/non-EFTA companies. This screening system (...)

The Australian Federal Court orders the energy regulator to enforce a pecuniary penalty for breach of reporting obligations (Australian Energy Regulator / AGL Sales)
Jones Day (Sydney)
Australia 10 contributions 2168 visits
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Jones Day (Melbourne)
Australia 10 contributions 1403 visits
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Jones Day (Perth)
Australia 1 contribution 118 visits
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Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court ordered by consent a $1.3 million penalty against AGL (one of (...)

The UK Government proposes screening powers for certain deals on national security grounds
Baker Botts (Brussels)
Belgium 29 contributions 49504 visits
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Baker Botts (Brussels)
Belgium 28 contributions 21504 visits
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Baker Botts (London)
United Kingdom 9 contributions 2529 visits
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This week, the UK Government announced new draft powers under the National Security and Investment Bill (the ‘Bill’) to screen certain deals on national security grounds. The proposals apply to takeovers and investments (including minority share acquisitions) by foreign buyers in a wide range (...)

The UK Government publishes its National Security and Investment Bill that will introduce significant legislation reforms to review of foreign investments and mergers
Matheson (Dublin)
Ireland 1 contribution 25 visits
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Matheson (Dublin)
Ireland 1 contribution 25 visits
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Matheson (Dublin)
Ireland 6 contributions 1368 visits
On 11 November 2020, the UK Government introduced the National Security and Investment Bill (NSI Bill) to Parliament. Once enacted, the NSI Bill will introduce significant legislative reforms which will overhaul the review and regulation of M&A activity on national security grounds in the (...)

The UK Government announces long-awaited and extensive reforms to the foreign investment regime
Shearman & Sterling (London)
United Kingdom 30 contributions 14314 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 11071 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14294 visits
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On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification regime alongside broader “call-in” powers for the Secretary of State. (...)

The UK Government publishes its National Security and Investment Bill
Government Legal Department (London)
United Kingdom 18 contributions 2534 visits
On 11 November 2020, the UK Government published the National Security and Investment Bill (“NSIB”). The NSIB proposes the introduction of a standalone foreign direct investment (“FDI”) regime for the first time in the UK. It introduces a hybrid mandatory and voluntary notification regime with (...)

The UK Government introduces a national screening regime for foreign investments
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38610 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40195 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8873 visits
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On November 11, the UK Government proposed a new national security screening regime that would allow the Government to intervene in “potentially hostile” foreign investments that threatened UK national security while “ensuring the UK remains a global champion of free trade and an attractive (...)

The UK Government proposes a national security investment screening regime
Morgan Lewis (London)
United Kingdom 27 contributions 10105 visits
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Morgan Lewis (London)
United States 14 contributions 5970 visits
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Morgan Lewis (London)
United Kingdom 9 contributions 1902 visits
The proposed regime is a huge departure for the United Kingdom, since it introduces mandatory filings for certain investments raising a national security concern, while it also gives the UK government extensive call-in powers for a period of up to five years for completed transactions, and it (...)

The UK Parliament publishes the National Security and Investment Bill with impact on transactions with intangible assets
Norton Rose Fulbright (London)
United Kingdom 2 contributions 430 visits
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Norton Rose Fulbright (London)
United Kingdom 6 contributions 1293 visits
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Norton Rose Fulbright (London)
United Kingdom 1 contribution 54 visits
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction The National Security and Investment Bill (the Bill) is currently making its way through the legislative process in the House of Lords. It is (...)

The UK Government introduces a national investment screening regime
Herbert Smith Freehills (London)
United Kingdom 1 contribution 148 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 148 visits
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Herbert Smith Freehills (London)
United Kingdom 26 contributions 8777 visits
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On 11 November 2020 the UK Government introduced the National Security and Investment Bill (NSI Bill) to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of (...)

The Finnish Competition Authority publishes its pharmacy market study and proposes measures to reduce the costs of medicines for consumers and society
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12554 visits
The FCCA pharmacy market study proposes measures to reduce the costs of medicines for consumers and society* The Finnish Competition and Consumer Authority (FCCA) has published an extensive study on the pharmacy market. The study produced a list of proposals that can reduce the (...)

The UK Government introduces the National Foreign Direct Investment Bill
Ashurst (London)
United Kingdom 35 contributions 17133 visits
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Ashurst (London)
United Kingdom 18 contributions 6320 visits
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Ashurst (London)
United Kingdom 15 contributions 4186 visits
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Introduction A new national security notification regime On 11 November 2020, the UK Government introduced its National Security and Investment Bill ("Bill") into Parliament, which will significantly strengthen its powers to investigate and potentially prohibit transactions on national (...)

The UK Government introduces a national investment screening regime
Hogan Lovells (London)
United Kingdom 17 contributions 3349 visits
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Hogan Lovells (London)
United Kingdom 7 contributions 3515 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 384 visits
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A new National Security and Investment Bill laid before the UK Parliament this week will, on enactment, significantly affect the way investments in the UK can be reviewed by the UK Government where they raise national security considerations. The new legislation replaces stop-gap provisions (...)

The UK Government introduces a Bill that strengthens its ability to investigate and intervene in foreign direct investments which have the potential to threaten national security
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101303 visits
New powers to protect UK from malicious investment and strengthen economic resilience* New Bill will modernise government’s powers to investigate and intervene in potentially hostile foreign direct investment. The National Security and Investment Bill will strengthen the UK’s ability to (...)

The UK Government introduces a regime for screening foreign direct investments
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 7535 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 2 contributions 590 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 2 contributions 590 visits
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The UK government’s long-awaited National Security and Investment Bill (the Bill), which paves the way to significant changes in the UK’s regime for screening foreign investment, was laid before Parliament on 11 November 2020. While the text of the proposed legislation will require detailed (...)

The UK Government publishes proposals designed to restrict foreign investment
Bird & Bird (London)
United Kingdom 28 contributions 3603 visits
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Bird & Bird (London)
United Kingdom 1 contribution 115 visits
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Bird & Bird (London)
United Kingdom 1 contribution 115 visits
Last week, the UK Government published new proposals designed to restrict foreign investment in the UK and to potentially block securities listings on UK public markets, in each case on grounds of national security. Foreign investment controls On 11 November 2020, the National Security and (...)

The UK Government introduces a National Security and Investment Bill to Parliament which affects private equity investments
Herbert Smith Freehills (London)
United Kingdom 1 contribution 100 visits
The implications of the UK’s proposed national security investment screening regime have been widely debated since the National Security and Investment Bill (NSI Bill) was introduced to Parliament on 11 November 2020. However, as the NSI Bill progresses through the House of Lords, there has (...)

The UK Government publishes a bill introducing significant powers to scrutinize foreign direct investment
Covington & Burling (London)
United Kingdom 3 contributions 571 visits
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Covington & Burling (London)
United Kingdom 16 contributions 4052 visits
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Cooley (London)
United Kingdom 11 contributions 2495 visits
Major Development in UK Foreign Investment Law and Policy The UK government has published long-awaited draft legislation that, if made law, will introduce significant new powers to scrutinise Foreign Direct Investment (“FDI”). The National Security & Investment Bill (the “NSI Bill” or (...)

The UK Government introduces a national investment screening regime to restrict foreign investment
Freshfields Bruckhaus Deringer (London)
United Kingdom 6 contributions 5789 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 12 contributions 2104 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 756 visits
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On 11 November 2020, the UK Government published its long-awaited National Security and Investment Bill (the Bill) in a significant departure from the 2018 White Paper (see our previous briefing). The Bill establishes a new screening regime for investments in a wide range of sensitive and (...)

The New Zealand Competition Authority releases its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the fibre regulatory regime
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25289 visits
Commission completes input methodologies by finalising approach to valuing fibre providers’ financial loss* The Commerce Commission has released its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the new fibre regulatory (...)

The German Government further aligns its foreign direct investment screening regime with the EU regulation
Morgan Lewis (Frankfurt)
Germany 8 contributions 2941 visits
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Morgan Lewis (Frankfurt)
Germany 4 contributions 1491 visits
The 16th Amendment to the German Foreign Trade and Payments Ordinance entered into effect on October 28, 2020, the third step in the German government’s efforts to tighten its foreign direct investment review regime in 2020. Earlier this year, Germany took action in aggravating its foreign (...)

International

 Spain: The Audiencia Nacional accepts the appeals lodged by several cement and concrete operators against a Spanish Competition Authority decision, quashing the decision and the fines imposed on them insofar as the Spanish Competition Authority did not provide enough evidence of a cartel (Cement cartel)
MLAB Abogados (Madrid)
Spain 50 contributions 8501 visits
In September 2016, the Spanish competition authority (CNMC) sanctioned 23 companies operating in the cement and concrete manufacturing and sales sector for four different infringements of Article 1 of the Spanish Competition Act constituting a cartel. In the concrete market, the CNMC (...)

Spain: The Audiencia Provincial of Cáceres entirely confirms a judgment of the commercial court of Cáceres that fully accepted a follow-on damages claim, ordering a truck manufacturer to pay € 86,111 in damages plus interest at the legal rate from the date on which the claim was filed (DAF)
Baker McKenzie (Madrid)
Spain 34 contributions 25584 visits
In July 2016, the European Commission fined truck manufacturers DAF, Iveco, Daimler and Volvo/Renault € 2.92 billion for participating in a price-fixing cartel between 1997 and 2011. The leniency applicant, MAN, was exempted from its fine, while the non-settling firm, Scania, was fined € 880 (...)