November 2022

General antitrust

 The German Competition Authority and the Federal Network Agency publish their joint Energy Monitoring Report which focuses on conditions in the electricity and gas markets
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 1 contribution 34 visits
,
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 2 contributions 154 visits
The Federal Cartel Office´s and Federal Network Agency´s Annual Energy Monitoring Report 2022 And The Developments On The Energy Markets* On November 30, 2022, the German Federal Cartel Office (“FCO”) and the German Federal Network Agency published their joint Energy Monitoring Report 2022. (...)

The Mexican Competition Authority initiates investigation to determine whether there are effective competition conditions in the maritime transport of passengers and roll-on/roll-off cargo in Baja California Sur
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26229 visits
Cofece initiates investigation to determine whether there are effective competition conditions in the maritime transport of passengers and roll-on/roll-off cargo in Baja California Sur* In the absence of effective competition conditions, the corresponding authority may implement regulations to (...)

The UK Competition Authority publishes a report on the music streaming sector and finds that consumers have benefitted from digitisation and competition between music streaming services
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Music streaming report published* The CMA has concluded its independent study into the music streaming market. The Competition and Markets Authority (CMA) has published its final report and found that consumers have benefited from digitisation and competition between music streaming (...)

The German Competition Authority publishes an interim report on the sector inquiry into refineries and fuel wholesale, which provides a deep insight into the structures of the refinery business in Germany, for assessment of competition concerns across all levels in the sector
German Competition Authority (Bonn)
Germany 447 contributions 113823 visits
Interim report on the sector inquiry into refineries and fuel wholesale* The Bundeskartellamt has today published an interim report on its ongoing sector inquiry into fuels at the refinery and wholesale level. Andreas Mundt, President of the Bundeskartellamt: "Our interim report provides a (...)

The China State Administration for Market Regulation publishes a draft competition law legislation for public comments which concentrates on the rapid development of the digital economy and introduces the new types of anticompetitive practices involving data, algorithm and internet platform rules
King & Wood Mallesons (Beijing)
France 19 contributions 4647 visites
,
King & Wood Mallesons (Beijing)
China 9 contributions 3500 visits
,
King & Wood Mallesons (Beijing)
China 1 contribution 74 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 22 November 2022, the State Administration for Market Regulation (“SAMR”) published the AntiUnfair Competition Law of the People’s Republic of China (Draft (...)

The Irish Competition Authority publishes analysis of fuel price movements in the retail motor fuel sector which reveals that the market is competitive
Irish Competition Authority (Dublin)
Ireland 103 contributions 16167 visits
The CCPC conducted an analysis of the retail motor fuel sector with particular focus on the 19-day period between 2 and 20 March 2022 Rising international prices drove increases in prices at the pump in the period leading up to the excise cut rather than a lack of competition CCPC found no (...)

The Latvian Competition Authority conducts a survey which finds that one in ten entrepreneurs and municipalities are ready to engage in a competition law violation
Latvian Competition Council (Riga)
Latvia 123 contributions 23813 visits
Every tenth entrepreneur and municipality are ready to engage in a competition law violation* A public opinion survey conducted by the Competition Council (the CC) reveals that, despite the growing public awareness of fair competition and the applicable penalty amounts for violation of (...)

The Danish Competition Authority fines five companies for cartel cooperation in the training services industry (Nye Visioner)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35925 visits
Another five companies have been fined for cartel co-operation within the business concept Nye Visioner* Five companies have admitted to having infringed the competition law by entering into agreements on pricing and sharing of costumers within the business concept Nye Visioner. The Danish (...)

The UK Competition Authority conducts consultation on allowing schools early exit from software contracts
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Consultation on allowing schools early exit from software contracts* The CMA is consulting on proposals from ESS to allow certain schools to exit longer-term software contracts where the CMA has concerns that the lack of notice given to them limited their choice and competition. Education (...)

The Canadian Government opens consultation on its proposed far-reaching reforms to the national competition regime
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3929 visits
,
Davies Ward Phillips & Vineberg (Toronto)
Canada 2 contributions 324 visits
,
Davies Ward Phillips & Vineberg (Toronto)
Canada 3 contributions 589 visits
…
On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry formally announced that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous (...)

The US DoJ’s Procurement Collusion Strike Force announces four new national law enforcement partners as it enters its fourth year
US Department of Justice (Washington)
United States 176 contributions 74893 visits
Justice Department’s Procurement Collusion Strike Force Announces Four New National Law Enforcement Partners as it Enters its Fourth Year* The Justice Department announced today that the Procurement Collusion Strike Force (PCSF) welcomed four new national law enforcement partners to the (...)

The US FTC expands its interpretation of its competition enforcement mandate
Hogan Lovells (Washington)
United States 17 contributions 7012 visits
,
Hogan Lovells (Washington)
États-Unis 7 contributions 2409 visites
,
Hogan Lovells (Washington)
United States 17 contributions 4462 visits
…
On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5 of the FTC Act (Section 5). In a concurrently published statement, (...)

The US FTC issues a policy statement which broadens its approach to enforcement of Section 5 of the FTC Act, which prohibits "unfair methods of competition"
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 4 contributions 488 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2882 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8496 visits
Key Points The Federal Trade Commission (FTC) issued a Policy Statement that dramatically broadens its approach to enforcement of Section 5 of the FTC Act, which prohibits “unfair methods of competition.” The FTC is taking the position that Congress created the Commission to address (...)

The US FTC releases a policy statement outlining its shift away from the rule of reason
Shearman & Sterling (Washington)
United States 18 contributions 5053 visits
,
Shearman & Sterling (New York)
United States 22 contributions 8376 visits
,
Shearman & Sterling (Washington)
United States 23 contributions 12819 visits
…
On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC Act. According to the Policy Statement, in determining whether (...)

The US FTC defines its expanded view of unfair methods of competition
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5627 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8496 visits
On Nov. 10, 2022, the Federal Trade Commission (FTC) defined how it intends to determine whether particular conduct constitutes an unfair method of competition under Section 5 of the FTC Act. FTC, Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the (...)

The US FTC votes to restore rigorous enforcement of antitrust law by banning unfair methods of competition and going beyond the ’rule of reason’ which has been the authority’s recent approach to investigations
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40378 visits
FTC Restores Rigorous Enforcement of Law Banning Unfair Methods of Competition* Policy statement renews agency’s commitment to exercising full legal authority against companies that use unfair tactics to gain an advantage instead of competing on the merits The Federal Trade Commission (...)

The US FTC signals an unprecedented expansion in its definition of unfair methods of competition
Covington & Burling (Washington)
United States 10 contributions 4893 visits
,
Covington & Burling (Washington)
United States 5 contributions 1921 visits
The U.S. Federal Trade Commission issued a policy statement that dramatically expands the scope of what it considers “unfair methods of competition” under Section 5 of the FTC Act, 15 U.S.C. § 45. This represents an aggressive and unprecedented interpretation of the agency’s authority, and (...)

The US FTC announces expanded enforcement authority under Section 5 of the FTC Act
Morgan Lewis (Philadelphia)
United States 3 contributions 328 visits
,
Morgan Lewis (Philadelphia)
United States 3 contributions 565 visits
,
Morgan Lewis (Washington)
United States 6 contributions 12826 visits
…
The enforcement authority of the FTC is a topic of the critically acclaimed book by Concurrences "Rulemaking Authority of the US Federal Trade Commission". Click here to access the book. The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the (...)

The EU Commission seeks feedback on the draft revised Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Competition: Commission seeks feedback on draft revised Market Definition Notice* The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the (...)

The EU Commission publishes for feedback draft revised Market Definition Notice
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
Following its Staff Working Paper on evaluation of the 1997 EC Notice on definition of the relevant market for the purposes of Community competition law issued last year, the EC has published draft guidelines on market definition. The first surprise is the footnote in the cover of the draft (...)

The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions
Jones Day (Beijing)
China 3 contributions 266 visits
,
Jones Day (Shanghai)
China 51 contributions 23657 visits
,
Jones Day (Beijing)
Chine 13 contributions 2401 visites
…
In Short The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the digital economy and companies with "relatively advantaged" market (...)

The Finnish Competition Authority observes that taxi ser­vices re­form has brought higher av­er­age fares while mak­ing cheaper rides avail­able
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
Taxi ser­vices re­form brought higher av­er­age fares while mak­ing cheaper rides avail­able* In large municipalities it is often possible to get a cheaper taxi ride than it was before the taxi services reform of 2018. While the prices of taxi services have increased on average, cheaper (...)

The Swiss and German Governments sign a new agreement to boost cooperation between their Competition Authorities
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2480 visits
,
Lenz & Staehelin (Zurich)
Switzerland 1 contribution 86 visits
New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities (“Agreement”). The Agreement is expected to enter into force in September 2023 at the earliest because the Swiss Federal Assembly (...)

Anticompetitive practices

 The Portuguese Competition Authority accuses suppliers of extra-high voltage cables of anticompetitive agreement in public procurement procedures (Cabelte / Quintas & Quintas / Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28880 visits
AdC accuses suppliers of extra-high voltage cables of anticompetitive agreement in public procurement procedures* The Statement of Objections The Portuguese Competition Authority (AdC) has issued a Statement of Objections for an agreement or concerted practice restricting competition (...)

The Portuguese Competition Authority sends a Statement of Objections to three healthcare companies in the market for the provision of teleradiology services to hospital centres for participating in a teleradiology cartel (Affidea Group / Lifefocus Group / GS24)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28880 visits
AdC sends Statement of Objections to Affidea Group, Lifefocus Group and GS24 for participating in teleradiology cartel* The AdC has sent a Statement of Objections to Affidea Group, Lifefocus Group and GS24 (commercially known as "Lifeplus Group") for participating in a cartel in public (...)

The Italian Competition Authority finds a new remuneration system for cash cards based on the Direct Access Fees model to violate Article 101 TFEU (Bancomat)
Municipality of Cagliari
167 contributions 133274 visits
The Italian Competition Authority finds a remuneration system for cash cards based on the Direct Access Fees model to violate Article 101 TFEU By its decision handed over in the Bancomat-II case, the Italian Competition Authority (ICA) has examined and prohibited a new model for the (...)

The US DoJ secures guilty plea of two Kentucky real estate professionals for bid rigging farmland auction (Barry Dyer / Mackie Shelton)
US Department of Justice (Washington)
United States 176 contributions 74893 visits
Two Kentucky Real Estate Professionals Plead Guilty to Bid Rigging Farmland Auction* Two Kentucky real estate professionals pleaded guilty today for their roles in a conspiracy to rig bids at an estate auction for farmland and timber rights. According to a plea agreement filed today in the (...)

The Norwegian Competition Authority fines five publication houses operating in the Norwegian book market for exchanging commercial information (Gyldendal, Cappelen Damm, Vigmostad & Bjørke and Aschehoug)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3948 visits
Five operators in Norwegian book market fined 545 million NOK* The Norwegian Competition Authority is imposing fines to the total amount of 545 million NOK on Norway’s four biggest publishing houses and the provider of the database Bokbasen for being in breach of the Competition Act. These (...)

The EU Commission fines five styrene purchasers €157M for fixing prices and exchanging commercially sensitive information and grants a sixth member of the cartel full leniency (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5363 visits
,
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92690 visites
On 29 November 2022, the European Commission (the “Commission”) announced that it had imposed fines totalling €157 million on five companies involved in a purchasing cartel concerning styrene monomer (“styrene”) for various periods between 1 May 2012 and 30 June 2018. The five companies fined (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Germany 1 contribution 58 visits
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The US District Court for the Eastern District of California set to adjudicate a class action suit filed by a group of volunteer college baseball coaches against a national athletic association for alleged antitrust violations (Smart / NCAA)
Duane Morris (Philadelphia)
United States 1 contribution 73 visits
,
Duane Morris (Philadelphia)
United States 1 contribution 73 visits
,
Duane Morris (Philadelphia)
United States 1 contribution 73 visits
…
On November 29, 2022, a group of volunteer college baseball coaches filed a proposed class action against the NCAA for alleged antitrust violations in the Eastern District of California. The plaintiffs in the case, captioned Smart, et al., v. NCAA, claim that by limiting the number of paid (...)

The Australian Federal Court sentences a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, based on an investigation by the Competition Authority (Alkaloids)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
Alkaloids of Australia and its former export manager sentenced in criminal price fixing cartel* The Federal Court has sentenced a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, following a criminal prosecution by the (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Germany 3 contributions 196 visits
,
Higer Regional Court (Berlin)
1 contribution 68 visits
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The EU Commission fines 5 styrene purchasers €157M for price fixing and exchanging sensitive commercial information (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Antitrust: Commission fines styrene purchasers €157 million in cartel settlement* The European Commission has fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a total of €157 million for participating in a cartel concerning purchases on the styrene monomer merchant market. INEOS was not (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
Belgium 5 contributions 3390 visits
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
Germany 11 contributions 3066 visits
,
Hausfeld (Berlin)
Germany 2 contributions 143 visits
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)

The Polish Competition Authority fines a seller of security cameras and its distributors for resale price maintenance, price fixing, market sharing and obstructing an investigation (Dahua Technology)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
Dahua Technology Poland - suspicion of collusion with distributors and a fine for hindering the search* Did Dahua Technology Poland, one of the country’s largest manufacturers of electronic monitoring equipment, enter into price collusion and divide the market together with its distributors? (...)

The Hong Kong Competition Authority and police conduct a dawn raid of a fish market after receiving price fixing complaints
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11381 visits
Competition Commission and Government departments conduct joint operation at Aberdeen Wholesale Fish Market* The Competition Commission (Commission), together with the Hong Kong Police, the Agriculture, Fisheries and Conservation Department, the Food and Environmental Hygiene Department, the (...)

The Australian Competition Authority agrees that supermarkets can cooperate in Soft Plastics Taskforce after a recycling program is paused (Coles / Woolworths / ALDI)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
Supermarkets can cooperate in Soft Plastics Taskforce after REDcycle pauses recycling program* Major supermarket retailers will form part of a Soft Plastics Taskforce to explore solutions to address the immediate effects of REDcycle suspending its return-to-store soft plastics recovery (...)

The Australian Competition Authority fines a crane company $1M for market sharing and anticompetitive distribution agreements (NQ Cranes)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
NQ Cranes to pay $1 million for cartel agreement with competitor* The Federal Court has ordered that overhead crane company NQ Cranes Pty Ltd pay a $1 million penalty after NQ Cranes admitted that it had entered into an anticompetitive cartel agreement with a competitor, in proceedings (...)

The Danish Competition Authority fines a training services provider and its former partners for cartel conduct (Nye Visioner)
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2552 visits
,
Gorrissen Federspiel (Copenhagen)
Denmark 3 contributions 312 visits
Introduction On 18 November 2022, the Danish Competition Council (DCC) published a decision in which it found that Nye Visioner v/Søren Dybdal under the business concept "Nye Visioner" ("New Visions") had infringed section 6 of the Danish Act on Competition and article 101(1) of the Treaty (...)

The Italian Council of State partially upholds the Competition Authority’s decision to fine undertakings for cartel conduct in the market for production and marketing of corrugated cardboard packaging (Alliabox / Ondulati del Salvio / Sandra / Topazzini)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29710 visits
,
Herbert Smith Freehills (Milan)
Italy 1 contribution 57 visits
The Consiglio di Stato (the Italian Supreme Administrative Court) has upheld the decision of the Italian Competition Authority ("ICA"), and confirmed the existence of price fixing and market sharing cartels concerning the production and marketing of corrugated cardboard packaging. The (...)

The Australian Competition Authority receives court-enforceable remedies from a turf breeder to address concerted practices concerns (Lawn Solutions Australia Group)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
Turf breeder to address concerted practices concerns* Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the (...)

The French Competition Authority General Rapporteur indicates that unannounced inspections have been carried out in the cow’s milk supply sector
French Competition Authority (Paris)
France 743 contributions 395460 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the cow’s milk supply sector* Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided (...)

The Danish Competition Authority fines a human resources training company for cartel cooperation (Nye Visioner v/Søren Dybdal)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35925 visits
Another company has been fined for cartel co-operation* The company, Nye Visioner v/Søren Dybdal, has admitted to having infringed the competition law’s prohibition against anti-competitive agreements. The Danish Competition Council has issued a fine to the company for the infringement. The (...)

The French Competition Authority fines a fisheries association for implementing an anticompetitive agreement on price and control of production and outlets (Association réunionnaise interprofessionnelle de la pêche et de l’aquaculture)
French Competition Authority (Paris)
France 743 contributions 395460 visits
Fisheries and aquaculture sector: the Autorité de la concurrence fines the Association réunionnaise interprofessionnelle de la pêche et de l’aquaculture (Reunionese Interprofessional Fisheries and Aquaculture Association) for implementing an anticompetitive agreement on price and control of (...)

The Spanish Commercial Court No. 15 of Madrid rules against exclusivity agreements in the sports industry (World Padel Tour / Premier Padel Circuit)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
The Commercial Court no 15 of Madrid has dismissed the request for interim measures seeking to halt the Premier Padel circuit competition and preventing players from participating in this championship. In May 2022, World Padel Tour (WPT) filed a lawsuit before Madrid Commercial Court No. 15 (...)

The German Higher Regional Court of Düsseldorf dismisses the appeal of two technical building service providers fined for bid-rigging; and follows the CJEU precedent to hold that the limitation period for the prosecution of bid-rigging cartels begins at the point the relevant contract is awarded
Herbert Smith Freehills (Düsseldorf)
Germany 22 contributions 5761 visits
,
Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4383 visits
Facts of the case In December 2019, the Federal Cartel Office ("FCO") fined eleven technical building service providers approximately €110m for participation in a bid rigging cartel. The FCO’s investigation was initiated in November 2014 following a leniency application. According to the FCO, (...)

The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18212 visits
CADE fines over 60 million reais for a cartel in the sodium silicate market* The authority fined companies and individuals for the anticompetitive conduct In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)

The Turkish Competition Authority initiates an investigation into resale price maintenance and restrictions on online sales in the cosmetics sector (Avon / Farmasi Enternasyonel / Kosan Kozmetik / NAOS İstanbul / Pierre Fabre / Yöntem Profesyonel)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5434 visits
Investigation about Avon Kozmetik Ürünleri Sanayi ve Ticaret AŞ, Farmasi Enternasyonel Ticaret AŞ, Kosan Kozmetik Pazarlama ve Tic. AŞ, NAOS İstanbul Kozmetik San ve Tic. Ltd. Şti., Pierre Fabre Dermo Kozmetik Ltd. Şti. and Yöntem Profesyonel Kozmetik Ürünleri San. ve Tic. Ltd. Şti. Initiated (...)

The Turkish Competition Authority adopts the settlement procedure to conclude its investigation of companies in the small household appliances and kitchen tools sectors (Korkmaz / Gençler / Punto)
ACTECON (Istanbul)
Turkey 23 contributions 3946 visits
,
ACTECON (Istanbul)
Turkey 18 contributions 2986 visits
,
ACTECON (Istanbul)
Turkey 7 contributions 498 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. (...)

The US FTC files an amicus brief in support of employees challenging a fast food company’s intra-franchise no-poach rules (McDonald’s / Deslandes and others)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40378 visits
FTC Joins Justice Department in Amicus Brief Supporting Workers’ Challenge to McDonald’s “No Hire” Franchise Restrictions* Brief argues that a provision in McDonald’s franchise agreement is per se illegal under U.S. antitrust law The Federal Trade Commission joined the Department of (...)

The US DoJ secures a fine exceeding $1M and restitution payments of more than $300K in a long-running insulation bid rigging cartel case (Axion Specialty Contracting)
US Department of Justice (Washington)
United States 176 contributions 74893 visits
Insulation Contracting Firm Sentenced for Rigging Bids* Third Defendant Sentenced in Investigation in the Insulation Contracting Industry Axion Specialty Contracting LLC (Axion) was sentenced to pay a $1,001,989 criminal fine and $313,121 in restitution on Nov. 4 in Bridgeport, (...)

The Canadian Competition Authority rescinds its temporary guidance on competitor collaborations in response to the COVID-19 pandemic
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau rescinds temporary guidance on competitor collaborations in response to the COVID-19 pandemic* Effective today, the Competition Bureau has rescinded the temporary guidance on competitor collaborations provided to businesses to support crisis response efforts during the (...)

The New Zealand Competition Authority authorises a news publishers’ association to collectively bargain with Big Tech regarding the terms and conditions on which the content of news media companies is displayed on digital platforms (News Publishers’ Association / Google / Meta)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Commerce Commission authorises News Publishers’ Association to collectively bargain* The Commerce Commission (Commission) has granted authorisation to allow the News Publishers’ Association of New Zealand Incorporated (NPA) to collectively negotiate with Meta and Google regarding the terms (...)

The Hong Kong Competition Authority finds a building services company liable for cartel conduct in air-conditioning works, and imposes penalty and cooperation terms (ATAL Building Services)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11381 visits
ATAL Building Services admits liability in air-conditioning works cartel cases and accepts cooperation terms including payment of a penalty of HK$150 million* The Competition Commission (“Commission”) commenced proceedings in the Competition Tribunal (“Tribunal”) on 16 June 2022 (“first (...)

The New Zealand Competition Authority concludes investigations and issues warnings in relation cartel conduct in the freight forwarding industry
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Warnings conclude Commission investigation into cartel conduct in NZ’s freight forwarding industry* The Commerce Commission has issued warnings to eight international freight forwarding companies that in the Commission’s view likely entered into cartel agreements with Mondiale Freight (...)

The Hellenic Competition Authority conducts dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing machines
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing machines* Subject: Dawn raids at the premises of undertakings active in the manufacturing, import and distribution of aluminium, PVC and iron processing (...)

Unilateral Practices

 The French Competition Authority dismisses a claim suggesting there was discrimination in the tendering process for the rights to broadcast the matches of the foremost French football league (Amazon / Canal + / beIN Sports)
French Competition Authority (Paris)
France 743 contributions 395460 visits
Partial reawarding of the TV rights for Football Ligue 1 to Amazon: the Autorité de la concurrence rejects the complaints of the Canal + Group and beIN Sports for lack of sufficient evidence* Background The reawarding to Amazon of the broadcasting rights for Football Ligue 1 previously (...)

The German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta)
German Competition Authority (Bonn)
Germany 447 contributions 113823 visits
Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Investigation into cloud gaming and browsers to support UK tech and consumers* The CMA has launched a market investigation into cloud gaming and mobile browsers after receiving widespread support for its proposals first published in June. The Competition and Markets Authority consulted on (...)

The Brazilian Government enacts the Private Enforcement Package Regulations to boost antitrust damages actions
Magalhães e Dias (São Paulo)
Brazil 2 contributions 723 visits
,
Magalhães e Dias (São Paulo)
Brazil 1 contribution 73 visits
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). (...)

The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113823 visits
Extension of ongoing proceedings against Amazon to also include an examination pursuant to Section 19a of the German Competition Act (GWB)* The Bundeskartellamt has extended two ongoing abuse control proceedings against Amazon to now also include the application of the new instrument for (...)

The Spanish Competition Authority fines a pharmaceutical company €10.25M for selling its orphan drug for the treatment of a rare disease at an excessive price (Leadiant)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC fines the pharmaceutical company Leadiant 10.25 million for selling its orphan drug for the treatment of a rare disease at an excessive price.* The company has abused its dominant position as the holder of the only medicine available in Spain for the treatment of a rare disease: (...)

The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25469 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
,
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22887 visits
…
On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

The Spanish Competition Authority fines a drugmaker €10.25M for excessive pricing of a drug for the treatment of cerebrotendinous xanthomatosis (Leadiant)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
XCT is an ultra-rare metabolic disease affecting 200-250 diagnosed patients in Europe of which around 50 are in Spain. XCT has been based on an active principle denominated CDCA. Leadiant has been the only provider of CDCA based pharmaceuticals in Spain since 2010. The investigation was (...)

The Turkish Competition Authority decides that a Big Tech firm illegally combined data from several of its operations which raised barriers to entry and distorted competition (Meta)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5434 visits
Investigation about Meta Platforms Inc. (previously Facebook Inc.), Meta Platforms Ireland Limited (previously Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. Concluded (26.10.2022) (10.11.2022)* The investigation about Meta Platforms Inc. (previously (...)

The Turkish Competition Authority initiates an investigation into resale price maintenance in the market for fast-moving consumer goods (Panek)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5434 visits
Investigation about Panek Ziraat Aletleri Dayanıklı Tüketim Malzemeleri Otomotiv Yakıt Petrol Ürünleri Tarım Ticaret A.Ş. Initiated (25.10.2022) (10.11.2022)* The Competition Board concluded the preliminary inquiry about the claim that Panek Ziraat Aletleri Dayanıklı Tüketim Malzemeleri (...)

The US FTC files an amicus brief challenging the abuse of the FDA’s "orange book" listing procedures which allow companies to automatically block the entry of generic drugs for 30 months (Jazz Pharmaceuticals / Avadel CNS Pharmaceuticals)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40378 visits
FTC Amicus Brief Challenges Abuse of FDA “Orange Book” Listing Procedures to Block Drug Competition* The Federal Trade Commission filed an amicus brief with the U.S. District Court for the District of Delaware in the case of Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals. The Brief (...)

The Hellenic Competition Authority fines a beverage manufacturer €10.3M for concluding exclusivity agreements with retailers (Coca-Cola)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Imposition of a €10,342,773 fine on COCA COLA 3Ε* Subject: HCC Decision no. 762/2021 imposing a fine of EUR 10,342,773 on the company COCA COLA HELLENIC BOTTLING COMPANY S.A. (COCA COLA 3E) for infringements of articles 2 L. 3959/2011 and 102 TFEU, following an ex officio investigation of (...)

The Croatian Competition Authority opens infringement proceedings against a producer of drywall gypsum boards for applying discounts under discriminatory criteria (Knauf)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19446 visits
CCA OPENS INFRINGEMENT PROCEEDING AGAINST KNAUF* The complainant basically stated that Knauf as an undertaking holding a dominant position in the relevant market in the territory of the Republic of Croatia abused its dominant position by applying dissimilar conditions to equivalent (...)

The Croatian Competition Authority opens proceedings against a supermarket for using unfair trading practices by virtue of its dominance (Tommy)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19446 visits
Implementation of the UTPS Act: CCA opens proceeding against Tommy* 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 (...)

The French Competition Authority hands out fines worth €81M to a manufacturer of optical lenses and its parent company for discriminating against online opticians (Essilor)
French Competition Authority (Paris)
France 743 contributions 395460 visits
Optical lenses sector: the Autorité de la concurrence hands out fines worth 81 067 400 euros to Essilor International SAS and its parent company EssilorLuxottica SA for discriminatory trade practices* Background Following dawn raids, interviews and discussions with the main stakeholders in (...)

Mergers

 The EU Commission publishes a statement by Executive Vice-President Vestager on the decision by two wood panel suppliers to abandon their merger (Kronospan / Pfleiderer)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Statement by Executive Vice-President Vestager on the decision by Kronospan and Pfleiderer to abandon their deal* The European Commission takes note of Kronospan’s and Pfleiderer’s decision to terminate their agreement according to which Kronospan intended to acquire sole control (...)

The UK Competition Authority finds that a merger between two vehicle salvage companies will reduce customer choice and may limit access to salvage vehicles for green parts (Copart / Hills Motors)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Vehicle salvage merger reduces choice and may limit access to salvage vehicles for green parts* Copart’s completed purchase of Hills Motors will reduce the number of salvage services providers available to customers and could limit the vehicles available to suppliers of recycled vehicle (...)

The Irish Competition Authority investigates an acquisition by an oil producer for sole control of a rival (East Cork Oil / Misty Lane)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16167 visits
CCPC issues assessment to East Cork Oil and Misty Lane in on going merger review* As part of its merger review process into the proposed acquisition by East Cork Oil Company Unlimited Company (East Cork Oil) of sole control of Misty Lane Holdings Limited (Misty Lane) and its subsidiaries (...)

The Higher General Court of Düsseldorf objects to the interpretation of transaction value threshold under the German merger control regime by the Competition Authority (Meta / Kustomer)
Herbert Smith Freehills (Düsseldorf)
Germany 22 contributions 5761 visits
,
Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4383 visits
In a recently published judgment, the Higher General Court of Düsseldorf has objected to the interpretation of the transaction value threshold under the German merger control regime by the Federal Cartel Office (Judgment of 23 November 2022 – Kart 11/21 (V)). The judgment provides helpful (...)

The German Higher Regional Court of Düsseldorf provides guidance on when a target has “significant domestic activities” under the transaction value threshold for domestic merger notifications (Meta / Kustomer)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 79 visits
,
Van Bael & Bellis (Brussels)
Belgium 3 contributions 253 visits
On 23 November 2022, in appeal proceedings lodged by Meta against a decision of the German Federal Cartel Office (“FCO”) relating to its acquisition of Kustomer, the Higher Regional Court of Düsseldorf (the “Court”) provided guidance on the interpretation of the criterion of “significant (...)

The Turkish Competition Authority evaluates a request for an individual exemption or negative clearance for the creation of a joint venture in furniture sector (FTR Decision)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81270 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 768 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) FTR decision (“Decision”) in which the Board determined that the agreement (“Agreement”), executed between the undertakings operating in the furniture market in Turkey (“Parties”) with respect to the formation (...)

The UK Competition Authority finds that a merger between two big providers of well intervention services may be anticompetitive (Baker Hughes / Altus)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Well intervention services deal could result in increased costs for UK oil and gas production* Baker Hughes’ acquisition of Altus could result in oil and gas operators in the UK facing a worse deal for certain well intervention services. Well intervention services are essential services (...)

The New Caledonian Competition Authority authorises the joint acquisition of two companies active in the marketing of metal construction products to tradesmen by two companies active in the sale of metal building materials (Socafer and Socabat / Arbor / PH Cuenet)
New Caledonia Competition Authority (Noumea)
New Caledonia 29 contributions 2936 visits
Authorization of the joint takeover of SARL Socafer and Socabat by the Arbor group and the PH Cuenet group* In this decision, the Autorité unconditionally authorizes the takeover of joint control of SARL Socafer and SARL Socabat by Mr. Paul Halbedel (Arbor group) and Mr. Pierre-Hubert (...)

The New Zealand Competition Authority issues statement of preliminary issues in relation to a merger between a healthcare operations company and an health care services provider (Central Healthcare / Crest Hospital)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Statement of Preliminary Issues released for Central Healthcare Operations’ application to acquire an ownership interest in the Crest Hospital* The Commerce Commission has published a statement of preliminary issues relating to an application from Central Healthcare Operations Limited (...)

The UK Competition Authority accepts proposed remedies to address concerns of a merger between two foam manufacturers (Carpenter / Reticel)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
CMA accepts remedy to address concerns in foam merger* The CMA has accepted a remedy from Carpenter and Recticel following concerns that Carpenter’s merger with Recticel could harm manufacturers and lead to a worse deal for shoppers on items like mattresses and kitchen sponges. US-based (...)

The UK Department for Business, Energy and Industrial Strategy orders a Chinese firm to unwind its acquisition of a Welsh semiconductor wafer factory on national security grounds, reversing its original position (Nexperia / Newport Wafer Fab)
Dechert (London)
United Kingdom 6 contributions 2075 visits
,
Dechert (London)
United Kingdom 9 contributions 3313 visits
,
Orrick, Herrington & Sutcliffe (London)
United Kingdom 8 contributions 2986 visits
The UK government has exercised its powers under the UK’s national security and investment regime to unwind Chinese-owned Nexperia’s acquisition of Newport Wafer Fab (“NWF”), a semiconductor wafer factory located in Newport, Wales. This is the third prohibition under this (new) regime and the (...)

The EU Commission opens in-depth investigation into the proposed acquisition of an online travel agency by a dominant rival (etraveli / Booking)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of eTraveli by Booking* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition by Booking Holdings (‘Booking’) of Flugo Group Holdings AB, (...)

The UK Competition Authority finds that a merger between two airline services in the London to South Korea route could cause passengers to pay more to fly from London to South Korea (Asiana Airlines / Korean Air)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Airline merger could see passengers pay more to fly from London to South Korea* The buyout of Asiana Airlines by Korean Air could lead to higher prices for passengers flying between London and Seoul, as well as impacting air cargo services. Korean Air and Asiana Airlines are the only (...)

The French Competition Authority clears the acquisition of a global cash register by a gambling and sports betting services provider, subject to conditions (Aleda / Française des Jeux)
French Competition Authority (Paris)
France 743 contributions 395460 visits
The Autorité clears the acquisition of Aleda by Française des Jeux, subject to conditions* Background Having examined the acquisition of Aleda by Française des Jeux (FDJ), the Autorité cleared the transaction subject to conditions. FDJ submitted behavioural remedies to address the (...)

The Belgian Competition Authority approves the acquisitions of two car dealerships by a dealership group (Mercedes-Benz Drogenbos / Mercedes-Benz Waterloo / RCM Belgium)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22896 visits
The Belgian Competition Authority approves the acquisition of Mercedes-Benz Drogenbos NV and Mercedes-Benz Waterloo SA by RCM Belgium SA* On 10 November 2022, the Belgian Competition Authority (BCA) approved the concentration by which RCM Belgium SA acquires sole control of Mercedes-Benz (...)

The Bulgarian Competition Authority opens an in-depth investigation into a telecommunications company’s proposed acquisition of a rival (Telnet / Bulgarian Telecommunications Company)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2830 visits
The CPC opens in-depth investigation into “BTC” EAD’s proposed acquisition of Telnet OOD* By Decision No744/06.10.2022, the Commission on Protection of Competition (CPC, the Commission) has opened an in-depth investigation to assess the proposed acquisition of sole control over "Telnet" OOD (...)

The Belgian Competition Authority approves unconditionally the acquisition of a supermarket by a rival (Mestdagh / Intermarché)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22896 visits
The Belgian Competition Authority approves the acquisition of Mestdagh by Intermarché* On 9 November 2022, the Competition College of the Belgian Competition Authority (BCA) has approved the acquisition of sole control of Mestdagh by ITM AB. ITM AB (Intermarché) and Mestdagh are both (...)

The UK Competition Authority raises concerns over a potential merger between providers of student accommodation in Birmingham (Student Roost / GIC / Greystar)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Accommodation merger could mean worse deal for students in Birmingham* The purchase of student accommodation provider Student Roost by GIC and Greystar could lead to higher rent and lower quality housing for students in Birmingham. The Competition and Markets Authority’s (CMA) phase 1 (...)

The Irish Competition Authority accepts a grocery chain and grocery wholesaler combination, subject to binding commitments to not exchange commercially sensitive information (BWG Foods / McCarrick Brothers Wholesale)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16167 visits
CCPC requires binding commitments from BWG to acquire McCarrick’s* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of McCarrick Brothers Wholesale Longford (...)

The EU Commission opens in-depth investigation into the proposed acquisition of a leading video game company by a Big Tech company due to foreclosure concerns (Microsoft / Activision Blizzard)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of Activision Blizzard by Microsoft* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Activision Blizzard by Microsoft under the EU Merger Regulation. The (...)

The Cypriot Competition Authority receives notification of proposed acquisition of a national dairy product producer by a Greek rival (N.Th. Kouroushis / Olympus Foods)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Chypre 64 contributions 8466 visites
Notification of a concentration concerning the acquisition of the share capital of N.Th. Kouroushis Ltd by Olympus Foods (Cyprus) Ltd* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the acquisition of the share (...)

The UK Competition Authority provisionally finds that a merger between two pastry makers could leave national retailers and shoppers facing higher prices and lower quality products (Cérélia’s / Jus-Rol)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
UK grocers and shoppers could face higher prices due to dough merger* An in-depth CMA investigation has provisionally found that Cérélia’s purchase of Jus-Rol could leave UK retailers and shoppers facing higher prices and lower quality products. Ready-to-bake products – including staples (...)

The Lithuanian Competition Authority clears the acquisition of shares in a renewable energy company by a wind energy company (Windly / Sparnai)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20207 visits
Windly Holding receives merger clearance* The Lithuanian competition authority Konkurencijos taryba has cleared the acquisition of 33.4 per cent of the shares of the company 9 sparnai, as well as acquisition of its joint control together with E energy invest, by the Estonian firm Windly (...)

The New Zealand Competition Authority receives a clearance request from a healthcare operations company concerning the acquisition of ownership interest in a hospital (Central Healthcare / Crest Hospital)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Central Healthcare Operations seeks clearance to acquire an ownership interest in the Crest Hospital in Palmerston North* The Commerce Commission has received a clearance application from Central Healthcare Operations Limited seeking clearance to acquire 100% of the shares in Aorangi (...)

The Cypriot Competition Authority receives notification of a proposed merger between two hotel companies (Hyatt International (Europe Africa Middle East) / Anolia Holdings / Grand Hyatt Limassol)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Chypre 64 contributions 8466 visites
Notification of concentration regarding the Hotel Services Agreement- Grand Hyatt Limassol between Anolia Holdings Ltd και Hyatt International (Europe Africa Middle East) LLC.* The Service of the Commission for the Protection of Competition has received a notification of a concentration by (...)

State Aid

 The EU General Court dismisses an Austrian action contesting a Hungarian investment aid approved by the Commission to build new nuclear reactors (MVM Paks II Nuclear Power Plant Development)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Construction of new nuclear reactors: the General Court dismisses the action brought by Austria to contest Hungarian investment aid approved by the Commission* By decision of 6 March 2017 (‘the contested decision’), the European Commission approved investment aid, notified by Hungary, for (...)

The EU Commission approves a Slovak scheme worth €600M to support companies facing increased energy costs in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €600 million Slovak scheme to support companies facing increased energy costs in context of Russia’s war against Ukraine* The European Commission has approved a €600 million Slovak scheme to support companies facing increased energy costs in the context of (...)

The EU General Court clarifies the nature of the link that must exist between State aid and other provisions of EU law in order for an aid measure to be found incompatible with the internal market (MVM Paks II Nuclear Power Plant Development)
Maastricht University
Belgium 353 contributions 64286 visits
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the (...)

The EU General Court confirms that assessments of State aid compatibility are carried out independently of other legal assessments (MVM Paks II Nuclear Power Plant Development)
University of Amsterdam
Netherlands 2 contributions 2525 visits
On 22 May 2015, the Commission opened an investigation under Article 108 TFEU into a Hungarian financial contribution for the development of nuclear reactors at the Paks nuclear power plant site, the beneficiary of which would be the company Paks II, wholly owned by the Hungarian State. On 6 (...)

The EU Commission approves a German Scheme worth €557M to compensate a rail services operator for damages suffered by its subsidiary due to the coronavirus pandemic (Deutsche Bahn)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €557 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus pandemic* The European Commission has found a €557 million German support measure in favour of Deutsche Bahn to be in line with (...)

The EU Commission approves an Irish scheme worth €1.22B to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €1.22 billion Irish scheme to support companies in context of Russia’s war against Ukraine* The European Commission has approved a €1.22 billion Irish scheme to support companies across sectors in the context of Russia’s war against Ukraine. The scheme was (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme to help certain small rural retailers affected by the severe increase in electricity prices
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28032 visits
ESA approves Norwegian grant scheme for certain small rural retailers affected by severe increase in electricity prices* The EFTA Surveillance Authority (ESA) has today approved a new Norwegian aid scheme for certain small rural retailers affected by the severe rise in electricity prices (...)

The EU Commission approves a Cypriot scheme worth €7.75M to support some agricultural producers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €7.75 million Cypriot scheme to support some agricultural producers in the context of Russia’s war against Ukraine* The European Commission has approved a €7.75 million Cypriot scheme to support some agricultural producers in the context of Russia’s war against (...)

The EU Commission approves amendments to German State aid schemes, including a €45B budget increase, to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves amendments to German schemes, including up to €45 billion budget increase, to support companies in context of Russia’s war against Ukraine * The European Commission has approved the amendments to existing German umbrella schemes, including their prolongation (...)

The EFTA Surveillance Authority approves a Norwegian grant scheme for businesses particularly affected by severe increases in energy prices
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28032 visits
ESA approves Norwegian grant scheme for businesses particularly affected by severe increases in energy prices* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for businesses in Norway that are particularly affected by severe increases in energy prices that have (...)

The EU Court of Justice sets aside two judgments of the General Court which dismissed the appeals of two airlines against a Commission decision concerning State aid granted by Italy to Sardinian airports (Volotea / EasyJet)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102765 visits
The Court of Justice sets aside the two judgments of the General Court which dismissed the actions of Volotea and easyJet against the decision of the Commission concerning State aid granted by Italy to Sardinian airports* That decision is also annulled, to the extent that it concerns Volotea (...)

The EU Commission approves a Spanish scheme worth €88.3M under the Recovery and Resilience Facility to support connectivity in rural areas
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €88.3 million Spanish scheme under the Recovery and Resilience Facility to support connectivity in rural areas* The European Commission has approved, under EU State aid rules, an €88.3 million Spanish scheme made available through the Recovery and Resilience (...)

The EU Commission approves a Romanian scheme worth €500M to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €500 million Romanian scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved an approximately €500 million (RON 2,500 million) Romanian scheme to support companies across sectors in the context of (...)

The EU Court of Justice annuls two judgments of the General Court which dismissed the appeals of two airlines against the Commission’s decision concerning State aid granted by Italy to Sardinian airports (Volotea / EasyJet)
Maastricht University
Belgium 353 contributions 64286 visits
A public authority may act as a market operator and acquire services through a private third party without conferring an advantage to the provider of those services. Introduction When a public authority buys a service and pays the market price it does not confer an advantage to the seller (...)

The EU Commission approves a Czech scheme worth €1.23B to support the economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €1.23 billion Czech scheme to support the economy in the context of Russia’s war against Ukraine* The European Commission has approved a €1.23 billion scheme to support the Czech economy in the context of Russia’s war against Ukraine. The scheme was approved (...)

The EU Commission approves an Italian scheme worth €500M to improve the environmental performance of seafaring vessels
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €500 million Italian scheme to improve environmental performance of vessels* The European Commission has approved, under EU State aid rules, a €500 million Italian scheme to help companies in the maritime transport sector to acquire clean and zero-emission (...)

The EU Commission approves a Czech scheme worth €180M to support rail and urban transport operators using electric traction
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €180 million Czech scheme to support rail and urban transport operators using electric traction* The European Commission has approved, under EU State aid rules, a €180 million Czech scheme to support rail and urban public transport operators using electric (...)

The EU Court of Justice upholds the judgement of the General Court and thus raises the burden of proof on the Commission when trying to prove State aid cases (Valencia Club de Fútbol)
Maastricht University
Belgium 353 contributions 64286 visits
In order to detect State aid in a state guarantee, it is necessary to carry out a search to identify the market rate, if it exists. There is no general presumption that an undertaking in difficulty cannot obtain a guarantee from the market. It is necessary to consider the risk of default. (...)

The EU General Court dismisses the claim of an Irish airline which sought to challenge the legality of aid granted by Croatia to its national airline during the Covid-19 pandemic (Ryanair)
Maastricht University
Belgium 353 contributions 64286 visits
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning compensation for damage caused by the covid-19 pandemic to rule, in case T-111/21, Ryanair v European Commission, that Member States were free to choose to whom to grant State aid. (...)

The EU Court of Justice rules that the so-called ’Arms Length Principle’ is not autonomous and must be provided for by the relevant jurisdiction’s tax laws if it is to be applied in State aid cases (Fiat Chrysler Finance)
Maastricht University
Belgium 353 contributions 64286 visits
The arm’s length principle is not an autonomous principle that can be applied to any advance tax ruling. It must be provided in the national tax system. Furthermore, the arm’s length principle must be applied, if it exists in the national tax system, in the form that is defined by that tax (...)

The EU Court of Justice rules that the Commission did not adequately identify the reference framework for assessing whether a tax ruling constituted illegal State aid (Fiat Chrysler)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7241 visits
Tax rulings are a particularly sensitive topic in Luxembourg (See OpenLux – le chemin est encore long vers davantage d’équité fiscale, 9 March 2021, https://horsdefrance.eelv.fr/openlux-equite-fiscale/.) They certainly constitute a controversial practice as their final effect is to limit (...)

The EU Court of Justice holds that the General Court was wrong to confirm the reference framework used by the Commission to apply the arm’s length principle to integrated companies in Luxembourg, in failing to take into account the specific rules implementing that principle in that Member State (Fiat)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102765 visits
Tax rulings: The Court of Justice holds that the General Court was wrong to confirm the reference framework used by the Commission to apply the arm’s length principle to integrated companies in Luxembourg, in failing to take into account the specific rules implementing that principle in that (...)

The EU Commission Executive Vice-President Vestager issues statement following the Court of Justice’s judgment on the tax State aid case in Luxembourg (Fiat)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Statement by Executive Vice-President Margrethe Vestager following today’s Court judgment on the Fiat tax State aid case in Luxembourg* Today’s judgment by the Court of Justice annuls the Commission’s 2015 decision finding that Luxembourg granted selective tax advantages to Fiat through a (...)

The EU Court of Justice annuls the Commission’s expansive interpretation of State aid in a Luxembourg tax rulings case (Fiat Chrysler)
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 5 contributions 1382 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26210 visits
,
Skadden, Arps, Slate, Meagher & Flom (Chicago)
United States 2 contributions 470 visits
…
On November 8, 2022, the Court of Justice of the European Union (CJEU), overturning the first instance EU General Court (General Court), annulled the European Commission’s (EC’s) decision that a Luxembourg tax ruling on Fiat’s intragroup financing transactions “did not reflect economic (...)

The EU Court of Justice annuls a Commission decision which ordered Luxembourg to recover €20-30M in aid after a series of favourable transfer-pricing tax rulings (Fiat Chrysler)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1945 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14079 visits
,
Van Bael & Bellis (Brussels)
Belgium 153 contributions 34001 visits
On 8 November 2022, the Grand Chamber of the European Court of Justice (“ECJ”) delivered its judgment in Joined Cases C-885/19 P, Fiat Chrysler Finance Europe v Commission, and C-898/19 P, Ireland v Commission, annulling a 2015 Commission decision that had found that a transfer price tax (...)

The EFTA Surveillance Authority approves a Norwegian guarantee scheme for businesses affected by the severe increase in electricity prices in the wake of the Russo-Ukrainian war
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28032 visits
ESA approves Norwegian guarantee scheme for businesses affected by the severe increase in electricity prices* The EFTA Surveillance Authority (ESA) has today approved a new Norwegian aid scheme for undertakings particularly affected by the severe rise in electricity prices caused by the (...)

The EU Commission approves a Danish scheme worth €1.34B to support energy-intensive companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
State aid: Commission approves €1.34 billion Danish scheme to support energy intensive companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.34 billion (DKK 10 billion) Danish scheme to support energy intensive companies in the context of (...)

Procedures

 The Spanish Competition Authority announces its intention to start including directly in its decisions the scope and duration of procurement bans imposed on parties involved in cartel infringements
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31628 visits
,
Herbert Smith Freehills (Madrid)
Spain 12 contributions 2119 visits
,
Herbert Smith Freehills (Madrid)
Spain 5 contributions 777 visits
On 24 November 2022, Spain’s National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia, “CNMC”) announced its intention to start including directly in its decisions the scope and duration of procurement bans imposed on parties involved in cartel (...)

The UK Department for Business, Energy and Industrial Strategy orders a Chinese firm to divest its 83% controlling stake in a Welsh semiconductor wafer factory on national security grounds (Nexperia / Newport Wafer Fab)
Van Bael & Bellis (London)
United Kingdom 8 contributions 1624 visits
,
Van Bael & Bellis (London)
United Kingdom 11 contributions 2032 visits
On 16 November 2022, the UK Secretary of State responsible for Business, Energy & Industrial Strategy (“BEIS”) effectively blocked another transaction in the semiconductor industry under the National Security and Investment Act 2021 (the “NSI Act”). Nexperia, ultimately owned by Wingtech (...)

The US Supreme Court denies a certiorari petition seeking to resolve a split by the Court of Appeals for the Ninth Circuit relevant to the litigation of class action matters (Olean Wholesale Grocery / Bumble Bee Foods)
Morgan Lewis (Los Angeles)
United States 1 contribution 144 visits
,
Morgan Lewis (Houston)
United States 1 contribution 144 visits
The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant portion of the class may be uninjured and on the use of representative (...)

The EU Court of Justice issues a decision on disclosure under the Damages Directive which implies post-Brexit divergence between EU and UK competition damages claims (Paccar / DAF Trucks)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 13 contributions 3352 visites
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 415 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 884 visits
On 10 November 2022, the European Court of Justice (CJEU) issued a preliminary ruling on the interpretation of the disclosure obligation under the EU directive that harmonised national rules governing actions for damages for breaches of competition law in EU member states and the UK (the (...)

The EU Court of Justice preliminarily determines the Commission may lawfully request the creation of new documents by classifying or compiling knowledge already in its possession provided the request is consistent with the principle of proportionality (PACCAR / DAF Trucks / AD and others)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102765 visits
The disclosure of ‘relevant evidence’, within the meaning of EU law, includes documents that a party may be required to create by compiling or classifying information, knowledge or data in its possession* In accordance with the principle of proportionality, the national courts must, however, (...)

The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7636 visits
,
Van Bael & Bellis (Brussels)
Belgium 14 contributions 1204 visits
On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (...)

The EU Court of Justice upholds judgment annulling the Commission’s decision and confirms that the General Court had not imposed an excessive burden of proof in a recovery of State aid case (Valencia Club de Fútbol)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102765 visits
Decision on State aid granted by Spain to Valencia CF annulled by the General Court: the Court of Justice dismisses the Commission’s appeal * According to the Court of Justice, the General Court did not impose an excessive burden of proof on the Commission and merely found that the (...)

The EU Court of Justice rules on the extent of evidence disclosure in competition litigation (PACCAR / DAF Trucks / AD and others)
Portolano Cavallo (Milan)
Italy 63 contributions 9841 visits
,
Portolano Cavallo (Milan)
Italy 1 contribution 88 visits
On November 10, 2022, the Court of Justice of the European Union (the “CJEU”) handed down its preliminary ruling on Art. 5(1) of Directive 2014/104/EU (the “EU Damages Directive”), concerning the disclosure of evidence in antitrust litigation (the “Preliminary Ruling”). In a nutshell, the (...)

The Bulgarian Competition Authority imposes pecuniary sanctions and fines on natural persons for failure to cooperate with the Authority in a dawn raid
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2830 visits
The CPC imposed a pecuniary sanction and fines on natural persons for failure to comply with the obligation for cooperation with the Commission in the exercise of its powers* On 30.06.2022 the CPC carried out an inspection at the office of a leading retailer of toners and other printing (...)

The EU General Court dismisses four appeals against price-fixing decisions which were re-adopted nearly two decades after the initial decision against 11 steel producers (Feralpi / Alfa Acciai / Ferriera Valsabbia / Valsabbia Investimenti / Ferriere Nord)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5363 visits
,
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92690 visites
On 9 November 2022, the General Court dismissed in their entirety appeals lodged by a number of Italian manufacturers against the European Commission’s (“Commission”) re-adopted decision of 2019 in the Reinforcing steel bars cartel case. (T-655/19, Ferriera Valsabbia and Valsabbia (...)

The Lithuanian Competition Authority updates the fine-setting procedure by improving the incentive to cooperate with the Competition Authority during infringement investigations
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20207 visits
PROCEDURE FOR SETTING FINES FOR COMPETITION LAW INFRINGEMENTS HAS BEEN IMPROVED* Today the Lithuanian Government adopted a resolution approving the description of the procedure for setting fines for infringements of the Law on Competition. A more detailed regulation of the methodology for (...)

The Turkish Constitutional Court partially annuls and partially upholds a complaint by 137 Parliament members challenging 2020 amendments to the Competition Law updating the Competition Authority’s powers related to imposing structural remedies and carrying out dawn raids
ACTECON (Istanbul)
Turquie 12 contributions 1705 visites
,
ACTECON (Istanbul)
Turkey 12 contributions 2809 visits
,
ACTECON (Istanbul)
Turkey 5 contributions 646 visits
The Constitutional Court of Turkey (the “Court”) delivered a judgment on 9 November 2022 regarding the action for an annulment application made by the 137 members of the Grand National Assembly of Turkey against amendments introduced in 2020 to various articles of Law No. 4054 on the (...)

Regulatory

 The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71795 visits
,
Herbert Smith Freehills (Brussels)
Belgium 9 contributions 2363 visits
,
Herbert Smith Freehills (London)
United Kingdom 15 contributions 5474 visits
The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further (...)

The EU Commission seeks feedback regarding the Technology Transfer Block Exemption Regulation and associated guidelines
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
On 25 November 2022, the European Commission launched a Call for Evidence seeking feedback regarding the scope and content of the upcoming evaluation of the Technology Transfer Block Exemption Regulation (“TTBER”) and the associated Guidelines. The TTBER exempts specific categories of (...)

The Dutch Competition Authority publishes its definitive guidelines and consultation report on the competition rules for the healthcare IT market
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35138 visits
ACM guidelines regarding the competition rules for the health care IT market have been well received* The guidelines called ‘Well-functioning markets for health care IT’ clarifies the application of the competition rules for improving the functioning of the market for health care IT systems. (...)

The EU Parliament and Council of the EU adopt their long-awaited Foreign Subsidies Regulation which gives the Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market
White & Case (Brussels)
Belgium 57 contributions 57404 visits
,
Schibsted (Oslo)
26 contributions 16919 visits
,
White & Case (Brussels)
Belgium 17 contributions 7203 visits
…
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A (...)

The EU Commission publishes the Foreign Subsidies Regulation in the official journal, requiring pre-notification of large M&A transactions and public bids involving companies that receive subsidies from governments outside the European Union from October 2023
Jones Day (Brussels)
Belgium 24 contributions 24227 visits
,
Jones Day (Brussels)
Belgium 46 contributions 18581 visits
,
Jones Day (Dusseldorf)
Germany 19 contributions 6280 visits
…
The foreign subsidies regulation ("FSR") requires prenotification of certain large M&A transactions and public bids involving companies that receive subsidies from governments outside the European Union ("EU"). The European Commission ("EC") has published the FSR in the Official Journal (...)

The Australian Competition Authority calls for new competition and consumer laws in its fifth report as part of a digital platforms services inquiry
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
ACCC calls for new competition and consumer laws for digital platforms* The ACCC has recommended a range of new measures to address harms from digital platforms to Australian consumers, small businesses and competition. The fifth report of the ACCC’s five-year Digital Platform Services (...)

The Luxembourg Competition Authority takes notice of the EU Commission’s initiation of a public consultation on the draft revised notice on the definition of the relevant market
Luxembourg Competition Council (Liège)
14 contributions 1697 visites
Opening of a public consultation by the Commission on the draft revised notice on the definition of the relevant market* On November 8, 2022, the European Commission published the draft revised notice on the definition of the relevant market. The draft revised notice on the definition of (...)

The EU Parliament sees its Digital Markets Act enter into force and start the clock on the application of game-changing rules for Big Tech
Dechert (London)
United Kingdom 6 contributions 2075 visits
,
Dechert (London)
United Kingdom 9 contributions 3313 visits
,
Orrick, Herrington & Sutcliffe (Brussels)
Belgium 3 contributions 806 visits
The EU’s Digital Markets Act (DMA) enters into force on 1 November 2022. It promises to be one of the most significant developments in the history of EU regulation, ushering in a new era for technology companies operating in the EU. In this communication we set out the background to the DMA, (...)

The EU Commission sees the DMA enter into force to ensure contestable and fair markets in the digital sector
McDermott Will & Emery (Paris)
France 134 contributions 66026 visits
,
McDermott Will & Emery (Brussels)
Belgium 22 contributions 4800 visits
,
McDermott Will & Emery (Paris)
France 32 contributions 7514 visits
…
The European Parliament and Council Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act or “DMA”) entered into force on November 1, 2022 (OJ L 265, 12.10.2022, p. 1). Certain provisions of a preparatory nature apply as from that date. The (...)

The EU Commission publishes the ground-breaking Digital Markets Acts which aims at improving the contestability and fairness of digital markets
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71795 visits
,
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17679 visits
,
Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6836 visits
…
The EU’s groundbreaking Digital Markets Act (DMA) came into force on 1 November 2022 and applies from 2 May 2023. In this update we summarise key developments: the Implementing Regulation, institutional changes in DG COMP, workshops, and national proposals granting National Competition (...)

The EU Commission sees its Digital Markets Act enter into force laying the groundwork for competition enforcement against so-called "gatekeepers"
Morgan Lewis (Brussels)
Belgium 9 contributions 3849 visits
One of the European Union’s major pieces of legislation in the digital era, the Digital Markets Act (DMA), entered into force on 1 November 2022. It introduces ex-ante regulation—setting the ground rules for what is and is not acceptable in the digital markets—for large digital platforms and (...)