October 2022

General antitrust

The Canadian Competition Authority publishes an information bulletin on transparency during competition investigations
Canadian Competition Bureau (Gatineau)
Competition Bureau publishes a new Information Bulletin on Transparency* News release The Competition Bureau published its new Information Bulletin on Transparency, a resource that explains the approach the Bureau takes in communicating with different groups of people during its (...)

The German Competition Authority takes note of the ICN Steering Group statement on the role of competition and competition policy in times of economic crisis
German Competition Authority (Bonn)
ICN Steering Group Statement: The Role of Competition & Competition Policy in Times of Economic Crisis* Bonn, 25 October 2022: The International Competition Network (ICN) Steering Group issued a statement addressing the role of competition and competition policy in the contemporary crises (...)

The Canadian Competition Authority releases an information bulletin with a view to increasing its transparency
Journal of Parliamentary and Political Law (Ottawa)
Introduction Canada’s Competition Bureau (the Bureau), which assists the Commissioner of Competition (the Commissioner) in the administration and enforcement of the Competition Act (the Act), announced on 25 October 2022 the release of its Information Bulletin on Transparency (the Bulletin). (...)

The Canadian Competition Authority opens a market study into the national food retail sector to determine whether greater competition in the sector can bring down food prices
Canadian Competition Bureau (Gatineau)
Competition Bureau to study competition in Canada’s grocery sector* Study to examine how governments may combat grocery price increases through greater competition The Competition Bureau is launching a study of grocery store competition in Canada. The study will examine various issues with the (...)

The New Zealand Competition Authority seeks input on draft Misuse of Market Power Guidelines
New Zealand Commerce Commission (Wellington)
Commission seeks input on draft Misuse of Market Power Guidelines* The Commission has released draft Misuse of Market Power Guidelines and is seeking submissions from interested parties. The Commerce Amendment Act 2022 made changes to section 36 of the Commerce Act 1986, which is the (...)

The EU Commission, US FTC, and DoJ hold the second meeting of the EU-US Joint Technology Competition Policy Dialogue
European Commission - DG COMP (Brussels)
Competition: Second EU-US Joint Technology Competition Policy Dialogue consolidates international cooperation on competition policy and enforcement in technology sector* Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the (...)

The Hellenic Competition Authority and the Egyptian Competition Authority sign a memorandum of partnership extending their cooperation on a bilateral level
Hellenic Competition Commission (Athens)
Memorandum of Partnership between the HCC and the Egyptian Competition Authority* Subject: MEMORANDUM OF PARTNERSHIP BETWEEN THE HCC AND THE EGYPTIAN COMPETITION AUTHORITY On 04 October 2022, the Hellenic Competition Commission, in the context of its strategic planning to strengthen its (...)

Anticompetitive practices

The Portuguese Competition Authority sanctions healthcare provider for participating in a cartel for the provision of teleradiology services (Dr. Campos Costa)
Portuguese Competition Authority (Lisbon)
AdC sanctions Unilabs’ subsidiary for teleradiology cartel* The decision The AdC sanctioned an affiliate of the Unilabs Group, the firm Dr. Campos Costa – Consultório de Tomografia Computorizada – for participating in a cartel established for providing teleradiology services to public hospitals (...)

The US DoJ achieves a guilty plea from a healthcare company that conspired to suppress wages for school nurses (VDA OC)
US Department of Justice (Washington DC)
Health Care Company Pleads Guilty and is Sentenced for Conspiring to Suppress Wages of School Nurses* Company Admits to Criminal Allocation and Wage-Fixing Conspiracy Targeting Nurses Serving a Nevada School District VDA OC LLC (VDA), a health care staffing company, pleaded guilty and was (...)

The Spanish Competition Authority cooperates with the Portuguese Competition Authority to investigate several wood chip suppliers over a potential information sharing cartel
Spanish Competition Authority (CNMC) (Madrid)
The CNMC and the Portuguese competition authority (AdC) investigate several wood chip suppliers.* Competing companies allegedly shared the market in Spain and Portugal and exchanged sensitive information. These practices are prohibited by Article 101 of the Treaty on the Functioning of the (...)

The Danish Competition Authority orders an end to customer sharing agreements between two barcode companies and promises fines are to follow (Codeex / Barcode People)
Danish Competition and Consumer Authority (Copenhagen)
Barcode companies have had illegal customer sharing agreements* The Competition Council has decided that Codeex and Barcode People have violated the Competition Act in connection with an agreement on customer sharing. The Danish Competition and Consumer Authority will then continue the case (...)

The Polish Competition Authority fines 16 basketball clubs and the basketball league for conspiring to reduce player wages due to COVID-19-related match cancellations (BM Slam Stal / Gdyński Klub / Gliwickie /...) Free
Polish Competition Authority (Warsaw)
Basketball clubs violated competition - decision of President of UOKiK* The joint arrangements of the basketball clubs to terminate their cooperation with the players represented an agreement restricting competition. The UOKiK President Tomasz Chróstny imposed nearly PLN 1 million in penalties (...)

The Mexican Competition Authority sanctions 18 companies and 31 executives for manipulating prices and segmenting routes in the market of land passenger transport (Autobuses Alas de Oro / Autobuses de la Piedad / Autobuses de Oriente ADO / Autobuses de Primera Clase México Zacatepec / Autobuses Estrella Blanca / Autobuses Expreso Futura)
Mexican Competition Authority (Mexico City)
Cofece sanctions companies and executives for manipulating prices and segmenting routes in the market of land passenger transport* The fine imposed on 18 companies and 31 natural persons amounts to more than one thousand 218 million Mexican pesos. The sanctioned economic agents committed (...)

The Portuguese Competition Authority cooperates with their Spanish counterpart to conduct dawn raids as part of an investigation into a potential wood chip cartel
Portuguese Competition Authority (Lisbon)
Portuguese and Spanish Competition Authorities conduct unannounced inspections* The Portuguese Competition Authority (AdC) and the Spanish CNMC carried out simultaneous unannounced inspections in Spanish territory, at an intermediary company active in the wood chip business. Both authorities (...)

The Australian Competition Authority seeks submissions on a draft determination proposing to deny authorisation to an extension of a Charter Alliance Agreement between two airlines (Virgin Australia / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
ACCC to consult further on proposed extension of Virgin Australia and Alliance Airlines charter alliance agreement* The ACCC is seeking submissions on a draft determination issued today proposing to deny authorisation to an extension of a Charter Alliance Agreement between Virgin Australia (...)

The Polish Competition Authority opens a bid rigging investigation into the production and distribution of gas meters
Polish Competition Authority (Warsaw)
GAS METER DELIVERY TENDER COLLUSION? INVESTIGATION AND SEARCHES* Is the gas meter delivery to the national gas distribution system operator infringing competition law? The President of UOKiK, Tomasz Chróstny, opened an investigation into the case, and the Authority’s employees, after obtaining (...)

The US District Court for the Eastern District of Missouri receives a complaint from a chess prodigy alleging that his competition and the world’s largest online chess platform have illegally excluded him (Hans Niemann / Magnus Carlsen / Chess.com / Play Magnus / Daniel Rensch / Hikaru Nakamura)
Hogan Lovells (Berlin)
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Hogan Lovells (Washington)
Niemann Makes the First Move: A Transatlantic Perspective on Chess Prodigy’s Group Boycott Claim Following cheating allegations and a ban from the popular online platform “Chess.com,” Chess Grandmaster Hans Niemann filed a lawsuit in the Eastern District of Missouri against Magnus Carlsen, (...)

The Australian Competition Authority secures a guilty plea from the former CEO of a waste management company for price fixing (Daniel Tartak)
Australian Competition and Consumer Commission (Canberra)
Former Bingo CEO Daniel Tartak pleads guilty to aiding and abetting demolition waste price fixing* Former Managing Director and CEO of Bingo Industries, Daniel Tartak, has today entered pleas of guilty to criminal cartel offences, after charges were laid by the Commonwealth Director of Public (...)

The US DoJ secures the resignations of seven board directors over the fact that they sit on the boards of competing companies (Definitive Healthcare / ZoomInfo Technologies / Maxar Technologies / Redwire / Littelfuse / CTS...)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards* What Happened Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust (...)

The US DoJ carries out first large-scale crackdown on potentially unlawful interlocking directorates which leads to 7 board resignations across 5 tech companies
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
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Shearman & Sterling (New York)
On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ’s concerns that holding the positions violated the Clayton Act’s prohibition on interlocking directorates. Discussed more fully (...)

The US DoJ cracks down on potentially unlawful interlocking directorates which leads to 7 board resignations across 5 companies
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 19 October 2022, the Antitrust Division of the US Department of Justice (the Division) announced that seven directors have agreed to resign from the boards of directors of five companies in response to the Division’s “competition concerns” related to the Clayton Act’s prohibition on interlocking (...)

The Danish Competition Authority fines four companies for cartel co-operation within the business concept ‘Nye Visioner’ (Make Life Less Complicated & SpeakUp / Work Efficiently / Work Simple / COSMO)
Danish Competition and Consumer Authority (Copenhagen)
Four companies have been fined for cartel co-operation* Four competing companies have entered into agreements on pricing and sharing of costumers within the business concept ‘Nye Visioner’. The Danish Competition Council has issued fines to the companies for the infringements. Four companies (...)

The Canadian Competition Authority secures a fifth guilty plea and $25,000 from an engineering executive implicated in the Gatineau bid rigging scandal (Francois Paulhus / Genivar)
Canadian Competition Bureau (Gatineau)
$25,000 sentence for fifth engineering executive to plead guilty in Gatineau bid-rigging case* Francois Paulhus, a former executive of engineering firm Genivar (now WSP Canada), has pleaded guilty in the Court of Quebec to conspiring to rig bids for City of Gatineau infrastructure contracts, (...)

The Swedish Patent and Market Court of Appeal declines to grant leniency to a dairy company on the grounds that the information provided by the company was specifically requested by the Competition Authority and was not volunteered immediately (Arla Foods)
Swedish Competition Authority (Stockholm)
Arla Foods is not granted leniency in a case on unlawful cooperation* Arla Foods must pay an administrative fine for having been found guilty of unlawful cooperation in connection with a procurement. This is the decision in a judgment from the Patent and Market Court of Appeal. The Court also (...)

The Mexican Competition Authority investigates public procurement procedures for the acquisition, leasing, maintenance and management services of information and communication technologies
Mexican Competition Authority (Mexico City)
Cofece investigates public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies* The Investigate Authority has indications of the possible realization of conducts that could constitute absolute monopolistic (...)

The Hong Kong Competition Authority launches first enforcement proceedings in relation to resale price maintenance (Tien Chu)
Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Tokyo)
Introduction On 15 September 2022, the Competition Commission (Hong Kong) (the “Commission”) commenced its first enforcement proceedings in relation to resale price maintenance (“RPM”) arrangements against a food manufacturer, The Tien Chu (Hong Kong) Company Limited (“Tien Chu”). What is RPM? (...)

The Hong Kong Competition Authority accepts commitments offered by seven car distributors to remove car warranty restrictions (Cartel Motors / Dah Chong Hong Holdings / Inchcape International Holdings / Kam Lung Motor Group / Motor Image (HK) / Sime Darby Motor Group (HK) / Vang Iek Holdings)
Hong Kong Competition Commission (Hong Kong)
Competition Commission accepts commitments offered by seven car distributors to remove car warranty restrictions* The Competition Commission (“Commission”) today announced the acceptance of commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by seven car distributors, (...)

The Hellenic Competition Authority rejects complaints of anticompetitive infringements against a company active in the import, production and distribution of household products (Sarantis)
Hellenic Competition Commission (Athens)
HCC Decision on complaints against SARANTIS S.A* Subject: HCC Decision on three complaints against SARANTIS S.A for alleged infringements of Αrticles 1 and 2 Greek Law 3959/2011 and Articles 101 and 102 TFEU With its Decision No 765/2022, the Hellenic Competition Commission (“HCC”) in plenary (...)

The New Zealand Competition Authority warns a sustainable packaging company over attempted customer allocation (Better Packaging / Rebecca Percasky)
New Zealand Commerce Commission (Wellington)
Commission warns The Better Packaging Co for attempted customer allocation* The Commerce Commission has issued warnings to The Better Packaging Co Limited (Better Packaging) and one of its directors, Rebecca Percasky, following an investigation into an attempted customer allocation agreement (...)

The Bulgarian Competition Authority approves proposed commitments to remedy a refusal to supply by a camera manufacturer and its national distributor (Nikon / Profield)
Bulgarian Commission for the Protection of Competition (Sofia)
The Commission for Protection of Competition approved the proposed commitments by Nikon Europe B.V. and Profield Ltd.* By Decision No. 699/29.09.2022 delivered under case No. КЗК-69/2018, the Commission for Protection of Competition approved the proposals for commitments by Nikon Europe B.V. and (...)

The French Competition Authority conducts dawn raids in the market for leather goods in the retail sector
Autorité de la concurrence (Paris)
Dawn raids in the leather goods retail sector* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the leather goods retail sector. Following authorisation from the liberty and custody judge, the investigation services of the (...)

The US DoJ secures a guilty plea on bid rigging and bribery charges against a construction contractor (William Opp)
US Department of Justice (Washington DC)
Former Contractor Pleads Guilty to Bid Rigging and Bribery* Second Guilty Plea in Ongoing Investigation at the California Department of Transportation (Caltrans) A former construction contractor became the second person to plead guilty for participating in a bid-rigging and bribery scheme (...)

Unilateral Practices

The US DoJ secures its first criminal conviction in decades for attempted monopolization (Nathan Nephi Zito)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act for attempting to monopolize the market for highway crack-sealing (...)

The US DoJ commences first criminal monopolization case in forty years (Nathan Nephi Zito)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
Last month, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving company, pleaded guilty to a violation of Section 2 of the Sherman Act after (...)

The US DoJ prosecutes attempted collusion among business competitors in the construction sector (Nathan Nephi Zito)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when the president of a paving and asphalt contractor in Montana pleaded (...)

The US DoJ secures a guilty plea from executives in the construction sector for attempted monopolization (Nathan Nephi Zito)
US Department of Justice (Washington DC)
Executive Pleads Guilty to Criminal Attempted Monopolization* Construction Company President Admits to Violating Section 2 of the Sherman Act The president of a paving and asphalt contractor based in Billings, Montana, has pleaded guilty to attempting to monopolize the market for highway (...)

The US DoJ brings its first criminal monopolization case in 50 years which relates to attempted monopolization in the construction sector (Nathan Nephi Zito) Free
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Los Angeles)
A plea deal with a paving contractor follows the Department of Justice Antitrust Division’s ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization. A paving contractor pleaded guilty to attempted monopolization in DOJ’s (...)

The Turkish Competition Authority clears one of the most well-known sports product brands of allegations regarding resale price maintenance and discrimination (Adidas)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has launched numerous investigations into whether undertakings maintain their dealers’ resale prices. These investigations include one launched into one of the most well-known sports product brands, Adidas Spor Malzemeleri Satış ve Pazarlama (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Spanish Competition Authority fines a contraceptive products company for abuse of dominant position over alleged abuse of patent rights (Merck Sharp & Dohme)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Today, the Spanish competition authority (Comisión nacional de los mercados y la competencia - CNMC ) imposed a fine of EUR 38,934,000 on Merck Sharp & Dohme ( MSD ) because that firm allegedly abused its dominant position in the market for contraceptive vaginal rings (see, attached press (...)

The Spanish Competition Authority fines a pharmaceutical company €39M for filing unjustified lawsuits with the goal of delaying the entry of rivals into the market for female contraceptive rings (Merck Sharp & Dohme)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines pharmaceutical company Merck Sharp and Dohme 39 million euros for abuse of a dominant position in the market for vaginal contraceptive rings* In 2017, the company took unjustified legal action against its competitor Insud Pharma under the pretext of protecting its patent. With (...)

The Spanish Competition Authority fines a contraceptive products company €39M for alleged abuse of patent rights (Merck Sharp)
Callol, Coca & Asociados (Madrid)
This matter revolves around the disputed expiration of the patent behind Nuvaring, a vaginal ring anti-conceptive product. When Insud Pharma, the complainant in the case, entered the market using an alternative product which Merck considered stepped on its existing rights and filed a patent (...)

The Spanish Competition Authority imposes sanctions on a pharmaceutical company for misusing litigation strategies regarding patents (Merck Sharp & Dohme)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that (...)

The French Competition Authority dismisses a claim by an association of newsagents that a reseller of postage stamps for franking abused its dominance on the grounds that the case is not a priority (Culture Presse / La Poste)
Autorité de la concurrence (Paris)
Resale of postage stamps for franking: the Autorité rejects the complaint of Culture Presse against La Poste and, for the first time, makes use of the procedure of dismissal due to lack of priority* Background The Autorité de la concurrence today rejected Culture Presse’s complaint concerning an (...)

The Spanish Competition Authority investigates alleged abuse of dominance by a global hotel booking platform (Booking.com)
Callol, Coca & Asociados (Madrid)
On 17 October 2022, the CNMC has formally initiated an antitrust investigation against Booking.com B.V. (Booking), a travel fare aggregator and metasearch engine for accommodation bookings, for possible anticompetitive practices prohibited under Articles 2 (abuse of dominant position) and 3 (...)

The Spanish Competition Authority opens formal antitrust proceedings against an online platform connecting consumers to hotels over concerns of abuse of economic dependence (Booking.com)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens formal antitrust proceedings against Booking.com for possible anticompetitive practices affecting hotels and online travel agencies* The conduct under investigation may entail unfair trading conditions to hotels located in Spain. The investigation also covers practices that may (...)

The Romanian Competition Authority opens an investigation into alleged imposition of unfair and unjustified commercial conditions by a producer of spare parts for cars (Auto Italia)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL HAS OPENED AN INVESTIGATION INTO A POTENTIAL ABUSE OF DOMINANT POSITION OF AUTO ITALIA* The Competition Council has opened an investigation on a possible abuse of dominant position of Auto Italia Impex SRL on the market of supplying original spare parts for the (...)

The Polish Competition Authority fines a telecoms company for excessive costs of agreement termination (UPC Polska)
Polish Competition Authority (Warsaw)
UPC Polska fined for excessive costs of agreement termination - decision of President of UOKiK* UPC’s customers had to pay more for termination of agreement concluded for a definite period than they would have to pay for its continuation. Tomasz Chróstny, President of the Office of Competition (...)

The EU Commission sends a Statement of Objections to a drug manufacturer accusing it of regulatory gaming and denigration of competitors in breach of Article 102 (Teva)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On October 10, 2022, the European Commission (“Commission”) sent a Statement of Objection (“SO”) to Teva accusing the company of denigrating a competing product and of “regulatory gaming” in management of the life cycle of its multiple sclerosis drug Copaxone, conduct deemed abusive pursuant to (...)

The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva over misuse of the patent system and disparagement of rival multiple sclerosis medicine* The European Commission has informed Teva of its preliminary view that the company has breached EU antitrust rules by engaging in practices (...)

The EU Commission issues Statement of Objections against a pharmaceutical company over alleged abuse of dominance consisting of misuse of divisional patents and a disparagement campaign against its closest competitor (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU (...)

The EU Commission sends a Statement of Objections to a pharmaceutical company over abusive patent filings and disparagement of generic competitors (Teva)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 October 2022, the European Commission (the “Commission”) announced that it had sent a Statement of Objections to Teva, a pharmaceutical company marketing Copaxone®, a medicine indicated for the treatment of specific forms of multiple sclerosis. The Statement of Objections comes over a year (...)

The Brazilian Competition Authority signs a cease and desist agreement with a health and fitness club following investigation for abuse of dominance in the minimum price fixed for health fitness activities on its platform (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The French Competition Authority fines a manufacturer of contact lenses €81M for refusing to deal with online opticians (Essilor International / EssilorLuxottica)
Van Bael & Bellis (Brussels)
On 8 November 2022, the French Competition Authority (the “FCA”) published its decision of 6 October 2022 imposing a fine totalling EUR 81 million on companies belonging to Essilor group (“Essilor”) for having engaged in discriminatory business practices over a period of nearly 12 years in the (...)

The Spanish Competition Authority formally initiates antitrust proceeding against the manager of the Integrated Management System for plastic packaging over concerns that the tendering process lacked transparency and integrity (Ecoembalajes España)
Callol, Coca & Asociados (Madrid)
On 5 October 2022, the CNMC has initiated antitrust proceedings against Ecoembalajes España, S.A. (Ecoembes), a non-profit organization acting as manager of the Integrated Management System for plastic packaging in Spain. The investigation has taken place as a result of a complaint filed by PET (...)

The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”). The Court also found that the Commission’s (...)

Mergers

The EU Commission approves the acquisition of a major salmon farmer by a rival subject to a divestment (SalMar / NTS)
European Commission - DG COMP (Brussels)
Mergers: Commission approves SalMar’s acquisition of NTS, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of NTS by SalMar. The approval is conditional on full compliance with commitments offered by SalMar. SalMar is one of (...)

The Canadian Competition Tribunal dismisses the Competition Authority’s challenge of an acquisition by a grain company of a grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Canadian Competition Bureau (Gatineau)
Competition Bureau to review Tribunal ruling on its challenge of P&H’s acquisition of grain elevator in Virden, MB* The Competition Tribunal issued a decision dismissing the Competition Bureau’s challenge of Parrish & Heimbecker’s (P&H) acquisition of one primary grain elevator in (...)

The Polish Competition Authority raises concerns over the concentration between a steel producer and a steel distribution company (ArceloMittal / Morris)
Polish Competition Authority (Warsaw)
Concerns regarding ArceloMittal - Morris concentration* The President of UOKiK Tomasz Chróstny issued reservations in regard to concentration consisting in companies ArcelorMittal Poland and Morris creating a joint venture. The transaction may cause a limitation of competition on the domestic (...)

The Cypriot Competition Authority receives notification of a proposed acquisition of an international private healthcare company by a South African investment company and a Luxembourgish shipping firm (Mediclinic International / Remgro / SAS Shipping Agencies Services)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the share capital of Mediclinic International Plc by Remgro Limited and SAS Shipping Agencies Services S.à.r.l., via Manta Bidco Limited* The Service of the Commission for the Protection of Competition has received a notification of (...)

The Cypriot Competition Authority receives notification of two planned acquisitions in the aircraft cleaning business by a joint venture controlled by the parent companies of the targets (L.G.S. Handling / Swissport Cyprus / S & L Airport Services)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the aircraft cleaning divisions of L.G.S. Handling Ltd and Swissport Cyprus Ltd by S & L Airport Services Ltd* The Service of the Commission for the Protection of Competition has received a notification of a concentration (...)

The Canadian Competition Authority releases a report identifying competition concerns with an airline’s proposed acquisition of a rival (WestJet / Sunwing)
Canadian Competition Bureau (Gatineau)
Competition Bureau releases report identifying competition concerns with WestJet’s proposed acquisition of Sunwing* The Competition Bureau has concluded that WestJet’s proposed acquisition of Sunwing Vacations and Sunwing Airlines is likely to result in a substantial lessening or prevention of (...)

The UK Competition Authority clears the acquisition of a financial analytics company by an international financial markets infrastructure and data business following an in-depth investigation (London Stock Exchange Group / Quantile)
United Kingdom’s Competition Authority (CMA) (London)
CMA clears LSEG / Quantile merger* The CMA has cleared the anticipated acquisition of Quantile by LSEG following an in-depth merger investigation. The Competition and Markets Authority (CMA) referred the merger between London Stock Exchange Group (LSEG) and Quantile Group Limited (Quantile) (...)

The EU Commission approves a major international tobacco and nicotine producer’s acquisition of a Swedish rival, subject to a divestment (Philip Morris / Swedish Match)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Philip Morris International’s acquisition of Swedish Match, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Swedish Match by Philip Morris International. The approval is conditional on full (...)

The UK Competition Authority considers structural remedies for the proposed merger between two chemical admixture companies (Sika / MBCC)
United Kingdom’s Competition Authority (CMA) (London)
CMA considers remedy to address concerns in chemical admixtures merger Sika AG and MBCC Group have asked the CMA to consider a “fast-track” remedy to address concerns that their merger could harm the construction industry in the UK. In November 2021, Swiss firm Sika agreed to buy the German (...)

The EU Court of Justice AG Kokott supports setting aside the General Court’s ruling, overturning the prohibition order of a merger between telecoms companies (Telefónica UK / Hutchison 3G UK)
Van Bael & Bellis (Brussels)
On 20 October 2022, Advocate General Kokott issued an opinion that the General Court (“GC”) had erred in its ruling in the C.K. Telecoms case by misstating the correct legal test to prohibit an oligopolistic merger and for engaging in an overly broad legal review of the Commission’s decision. AG (...)

The EU Court of Justice AG Kokott clarifies the standards of proof for the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position (Telefónica UK / Hutchison 3G UK)
European Court of Justice (Luxembourg)
Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position* The scope of the (...)

The Australian Competition Authority publishes a Statement of Issues over the proposed acquisition of a forest plantation by a rival (Forestry Corporation of NSW / Hume Forest)
Australian Competition and Consumer Commission (Canberra)
Forestry Corporation of NSW’s proposed acquisition of Hume Forest Ltd assets raises preliminary competition concerns* The ACCC has outlined preliminary concerns with Forestry Corporation of New South Wales’ (FCNSW) proposed acquisition of the assets of Hume Forests Ltd (Hume) in a statement of (...)

The EU Court of Justice AG Kokott advises the Court to uphold the Commission’s appeal on the grounds that the General Court erroneously applied a stricter burden of proof for the SIEC test and erred in law by misinterpreting the concept of a SIEC (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition* Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets. The Case and the Opinion On (...)

The EU Commission approves the acquisition of a recycled aluminium producer by an investment fund subject to the divestment of two facilities (KPS Special Situations Fund V / Evergreen Holding Germany / Real Alloy UK Holdco)
European Commission - DG COMP (Brussels)
Mergers: Commission approves KPS acquisition of Real Alloy Europe, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Evergreen Holding Germany GmbH and Real Alloy UK Holdco Ltd (‘Real Alloy Europe’) by KPS Special Situations (...)

The UK Competition Authority orders a Big Tech company to sell a GIF database on the belief that permitting the merger would limit innovation and reduce competition in the display advertising market (Meta / Giphy)
United Kingdom’s Competition Authority (CMA) (London)
CMA orders Meta to sell Giphy* The CMA finds that Meta’s purchase of Giphy would limit choice for UK social media users and reduce innovation in UK display advertising. The Competition and Markets Authority (CMA) has found that Meta’s takeover of Giphy could allow Meta to limit other social (...)

The US FTC advises against providing a Certificate of Public Advantage in a proposed merger between two New York hospitals (SUNY Upstate Medical University / Crouse Health System)
US Federal Trade Commission (FTC) (Washington)
FTC Staff Opposes Proposed Certificate of Public Advantage That Could Shield SUNY Upstate Medical University’s Acquisition of Crouse Health System from Antitrust Scrutiny* Analysis shows New York hospital merger would likely harm competition, patients, and hospital workers The Federal Trade (...)

The US FTC finalises its consent order permitting a private equity firm to acquire a number of clinics providing emergency veterinary services subject to divestments (JAB Consumer Partners / Ethos)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order against JAB Consumer Partners to Protect Pet Owners from Private Equity Firm’s Rollup of Veterinary Services Clinics* Following a public comment period, the Federal Trade Commission has finalized a consent order against JAB Consumer Partners designed to prevent the (...)

The EU Court of Justice AG Kokott endorses the application of Article 102 TFEU to the acquisitions of nascent firms by dominant players in high technology sectors (Towercast)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
AG Kokott Supports Application of Article 102 TFEU to Acquisitions of Small Promising Firms in Life Sciences and Other High Technology Sectors In a non-binding opinion given to the Court of Justice of the European Union (CJEU) Advocate General Kokott yesterday expressed the view that (...)

The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast)
Van Bael & Bellis (Brussels)
On 13 October 2022, Advocate General Kokott issued a non-binding opinion to the Court of Justice of the European Union (“ECJ”) in the Towercast preliminary ruling request, expressing the view that concentrations that are not notifiable ex-ante under the EU Merger Regulation (“EUMR”) or national (...)

The EU Court of Justice AG Kokott concludes that a merger may be assessed ex post under Article 102 TFEU provided the transaction was not assessed ex ante with traditional merger control tools (Towercast)
European Court of Justice (Luxembourg)
According to Advocate General Kokott, a concentration between undertakings that has not been the subject of any ex ante assessment under merger control law may be assessed ex post on the basis of the prohibition of abuse of a dominant position under primary law* However, if a concentration has (...)

The EU Court of Justice AG Kokott proposes that non-reportable transactions could be caught by abuse of dominance rules (Towercast)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Düsseldorf)
Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under that provision whether the transaction as such constitutes an abuse of a (...)

The Cypriot Competition Authority receives notification of an acquisition of a transport & logistics company’s shares by an inland container services provider (Martin Bencher / Maersk Logistics)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the share capital of Martin Bencher (Scandinavia) A/S by A.P. Moller-Maersk A/S, via Maersk Logistics & Services International A/S* The Service of the Commission for the Protection of Competition has received a notification of a (...)

The EU Commission approves the acquisition of the materials arm of the world’s largest chemical company by a rival materials company, subject to divestments (Celanese / DuPont)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Celanese’s acquisition of DuPont’s Mobility and Materials Business, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of DuPont’s Mobility and Materials Business by Celanese. The approval is (...)

The US FTC approves the acquisition of a shop selling goods to small farmers and ranchers by a rival subject to divestments (Tractor Supply / Orscheln Farm and Home)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Consent Order Addressing Concerns Over Tractor Supply’s Acquisition of Orscheln Farm and Home* Order requires Tractor Supply to divest Orscheln stores, corporate offices, and distribution center to smaller farm store chains The Federal Trade Commission approved a consent order (...)

The UK Competition Authority provisionally clears the acquisition of a newsagents chain by a supermarket chain following commitments to divest from 28 locations (Morrisons / McColl’s)
United Kingdom’s Competition Authority (CMA) (London)
Morrisons’ proposals provisionally clear way for McColl’s deal* The CMA proposes to accept an offer from Morrisons to sell 28 McColl’s stores to address competition concerns in the areas where those stores are located. In July 2022, the Competition and Markets Authority (CMA) launched its (...)

The Spanish Competition Authority clears the acquisition of a pharmaceutical company by a rival subject to commitments to abolish rules which require minimum purchase orders and minimum period of permanence (Hefame / Cofarcu)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC cleared 11 mergers in October* All but one were approved in the first phase and without commitments, as they did not pose problems for competition in the affected markets. The Hefame/Cofarcu merger was approved in the first phase with commitments. The sectors affected by these (...)

The French Competition Authority clears the takeover of a publishing and advertising company by a media company (Reworld Media / Unify)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears the takeover by the Reworld Media group of Unify, the "digital division" of TF1* On 22 September 2022, the Reworld Media group notified the Autorité of its plan to take exclusive control of Unify. Parties to the transaction The Reworld Media group is a (...)

The UK Competition Authority signals concerns over a potential merger worth $7.3B in the satellite communications market (Viasat / Inmarsat)
United Kingdom’s Competition Authority (CMA) (London)
Satellite communication deal raises competition concerns* The CMA has found Viasat’s merger with Inmarsat could lead to airlines facing higher prices for on-board wifi. Deal could lead to airlines facing higher prices and worse quality on-board wifi Deal would remove key competitor from market (...)

The Romanian Competition Authority approves the takeover of a concrete and cement production company by a competitor (General Beton Romania / Holcim)
Romanian Competition Council (Bucharest)
Competition Council approves the taking over of General Beton Romania by Holcim* The Competition Council approved the transaction by which Holcim (Romania) S.A. takes over General Beton Romania S.R.L.. Holcim, part of the group with the same name, produces construction materials, being (...)

The Romanian Competition Authority assesses the takeover of a food supplements company by a pharmaceutical company (Dacia / Ceres Pharma)
Romanian Competition Council (Bucharest)
Competition council assesses the take over of Dacia Plant by Ceres Pharma* The Competition Council assesses the transaction by which Ceres Pharma NV takes over Dacia Plant SRL from Radu Ionescu – Heroi and Călin Ioan Ianța. Ceres Pharma is a Belgian company, which develops, produces and (...)

The Brazilian Competition Authority fines 2 car dealerships for gun jumping in the transfer of a franchise dealership (Grand Brasil / Bis Distribuiçã)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Grand Brasil and Bis Distribuição to pay BRL 2 million for gun jumping* The firms did not report a transaction to the Brazilian antitrust authority On 5 October 2022, the Administrative Council for Economic Defense (CADE) found the firms Grand Brasil and Bis Distribuição guilty of completing an (...)

The Brazilian Competition Authority clears the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE clears Microsoft’s acquisition of Activision Blizzard* The transaction still depends on the decisions of foreign jurisdictions This past Wednesday (5 October), the Office of the Superintendent General, the investigative arm of the Administrative Council for Economic Defense (CADE), (...)

The Icelandic Competition Authority approves the acquisition of the nation’s largest telecommunications company by a French private equity firm subject to conditions (Ardian / Míla)
Icelandic Competition Authority
Merger of Ardian and Míla approved with conditions* The Icelandic Competition Authority (ICA) has completed its investigation into the acquisition of Ardian France of all shares of Míla, a subsidiary of Síminn. Míla operates telecommunications infrastructure nationwide in Iceland and is the (...)

State Aid

The EU Commission approves €3.4 billion Danish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €3.4 billion Danish scheme to support companies* in the context of Russia’s war against Ukraine* The European Commission has approved a €3.4 billion (DKK 25.2 billion) Danish subsidised loan scheme to support companies in the context of Russia’s war against Ukraine. (...)

The EU Commission prolongs and amends the Temporary Crisis Framework to support the economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission prolongs and amends Temporary Crisis Framework* Today, the European Commission has adopted an amendment to the State aid Temporary Crisis Framework to enable Member States to continue to use the flexibility foreseen under State aid rules to support the economy in the (...)

The EU Commission adopts a second amendment to the Temporary Crisis Framework to support businesses affected by Russia’s actions in Ukraine and the unfolding energy crisis
CELIS Institute (Berlin)
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White & Case (Brussels)
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White & Case (Brussels)
On 28 October 2022, the European Commission adopted the second amendment to its State Aid Temporary Crisis Framework to support businesses affected by Russia’s actions in Ukraine and the unfolding energy crisis White & Case provides an overview of the key amendments. The Temporary Crisis (...)

The EU Commission prolongs and amends its Temporary Crisis Framework relaxing State aid rules to support the economy following the aggression against Ukraine by Russia
Covington & Burling (Brussels)
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Parnima Consuting (Brunnen)
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Covington & Burling (Brussels)
On 28 October 2022, the European Commission (the “Commission”) adopted the second amendment to its Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). The second amendment to the Framework extends its (...)

The EU Commission approves a Belgian scheme worth €1.5B to support energy suppliers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
The European Commission has approved a €1.5 billion Belgian guarantee scheme to support gas and electricity suppliers in the context of Russia’s war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on (...)

The EU Commission opens an in-depth investigation into whether Hungarian support for a new auto parts plant breaches State aid rules (Rubin NewCo)
European Commission - DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Hungarian support for new auto parts plant in Észak Magyarország* The European Commission has opened an in-depth investigation to assess whether public support that Hungary plans to grant for the construction of a new automotive components (...)

The EU Commission further consults Member States on the prolongation and adjustment of the Temporary Crisis Framework to support the economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission further consults Member States on prolongation and adjustment of Temporary Crisis Framework* The European Commission is further consulting Member States on a prolongation and adjustment of the State aid Temporary Crisis Framework to support the economy in the context of (...)

The UK Parliament announces a new Subsidy Control Act
Clifford Chance (London)
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Clifford Chance (London)
From 4 January 2023, certain UK subsidies must be notified to the Competition and Market Authority’s Subsidy Advice Unit, and subsidy decisions by UK public authorities can be appealed to the UK’s Competition Appeal Tribunal. On 20 October 2022, the UK Government announced (related article) that (...)

The EU Commission adopts a revised State aid Framework for research, development and innovation to enable the digital and green transition
European Commission - DG COMP (Brussels)
State aid: Commission adopts revised State aid Framework for research, development and innovation* The European Commission has adopted a revised Communication on State aid rules for research, development and innovation (‘2022 RDI Framework’), which sets out the rules under which Member States (...)

The EU Commission revises its State aid framework for research and development and innovation
Covington & Burling (Brussels)
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Parnima Consuting (Brunnen)
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Covington & Burling (Brussels)
On 19 October 2022, the European Commission (the “Commission”) adopted its new State aid Framework for research, development and innovation (the “2022 RDI aid Framework”). This instrument governs Member States’ investment in RDI activities. It is an important response to the 2020 Commission (...)

The EU Commission approves a Spanish scheme worth €500M under the Recovery and Resilience Facility to support roll out of broadband backhaul networks in rural areas
European Commission - DG COMP (Brussels)
State aid: Commission approves €500 million Spanish scheme under the Recovery and Resilience Facility to support roll out of broadband backhaul networks in rural areas* The European Commission has approved, under EU State aid rules, a €500 million Spanish scheme made available through the (...)

The EU Commission approves a Polish scheme worth €10B to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €10 billion Polish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Polish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU General Court issues a decision which finds that in situations where regional State aid is found to be incompatible with the internal market, their regional handicaps cannot justify any leniency in the recovery of the aid (Zone Franche de Madère)
Maastricht University
Selectivity of Regional Schemes* Introduction Article 107(3)(a) areas and the outermost regions of the EU [defined in Article 349 TFEU] are more favourably treated under State aid rules. But they still have to comply with the terms of Commission authorising decisions. In case regional State (...)

The EU Commission approves a Spanish measure worth €220M to support an engineering company in the production of renewable hydrogen (Cobra)
European Commission - DG COMP (Brussels)
State aid: Commission approves €220 million Spanish measure to support COBRA in production of renewable hydrogen* The European Commission has approved, under EU State aid rules, a €220 million Spanish measure to support Cobra Instalaciones y Servicios, S.A. (‘COBRA’) in the production of renewable (...)

The EU Commission approves a Slovak scheme worth €10M to support food producers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €10 million Slovak scheme to support food producers in context of Russia’s war against Ukraine* The European Commission has approved a €10 million Slovak scheme to support agricultural product processors and the food production sector in the context of Russia’s war (...)

The EU Commission approves a Finnish strategic reserve worth €150M to support the security of the electricity supply
European Commission - DG COMP (Brussels)
State aid: Commission approves €150 million Finnish strategic reserve to support security of electricity supply* The European Commission has approved, under EU State aid rules, a €150 million Finnish capacity mechanism to safeguard security of electricity supply in Finland. The measure will also (...)

The EU Commission approves Slovakian scheme worth €1.1B partially funded under Recovery and Resilience Facility to help industry decarbonise production processes and become less energy-intensive
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.1 billion Slovakian aid schemes partially funded under Recovery and Resilience Facility to help industry decarbonise production processes and become less energy-intensive* The European Commission has approved, under EU State aid rules, two Slovak schemes with a (...)

The EU Commission consults Member States on a proposal to prolong and amend the Temporary Crisis Framework in place to combat the economic effects of the Russo-Ukrainian war
European Commission - DG COMP (Brussels)
State aid: Commission consults Member States on proposal to prolong and amend Temporary Crisis Framework* The European Commission has sent to Member States for consultation a draft proposal to prolong and adjust the State aid Temporary Crisis Framework, adopted by the Commission on 23 March (...)

The EU Commission approves a German measure worth €1B to support a steel producer in decarbonising its operations by using hydrogen (Salzgitter)
European Commission - DG COMP (Brussels)
State aid: Commission approves €1 billion German measure to support Salzgitter decarbonise its steel production by using hydrogen* The European Commission has approved, under EU State aid rules, a €1 billion German measure to help Salzgitter Flachstahl GmbH (‘Salzgitter’) decarbonise its steel (...)

The EU Commission approves an Italian State aid measure worth €292.5M under the Recovery and Resilience Facility to support a semiconductor manufacturer in the construction of a new plant (STMicroelectronics)
European Commission - DG COMP (Brussels)
State aid: Commission approves €292.5 million Italian measure under Recovery and Resilience Facility to support STMicroelectronics in construction of a plant in the semiconductor value chain* The European Commission has approved, under EU State aid rules, a €292.5 million Italian measure made (...)

The EU Commission approves a Greek scheme worth €800M to support non-household electricity consumers in context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €800 million Greek scheme to support non-household electricity consumers in context of Russia’s war against Ukraine* The European Commission has approved a €800 million Greek scheme to support non-household electricity consumers in the context of Russia’s war (...)

The EU Commission approves a German measure worth €134M to support chemical company in the production of renewable hydrogen (BASF)
European Commission - DG COMP (Brussels)
State aid: Commission approves €134 million German measure to support BASF in the production of renewable hydrogen* he European Commission has approved, under EU State aid rules, a €134 million German measure to support BASF SE (‘BASF’) in the production of renewable hydrogen, with the aims of (...)

Procedures

The Ankara 13th Administrative Court rules for the annulment of the Turkish Competition Authority’s cartel decision due to failure of standard of proof (Kronospan)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
The Ankara 13th Administrative Court (’Court’) recently annulled with its decision (“Court Decision”) the Turkish Competition Authority’s (’TCA’) cartel determination (“TCA Decision”) against Kronospan Orman Ürünleri San. ve Tic. A.Ş. (“Kronospan”) in a decision through which it had imposed on 11 (...)

The Ankara Regional Administrative Court overturns a decision on the single economic entity principle, ruling that the Competition Authority may lawfully request information from a subsidiary that the parent company must then provide (Citibank / Goldman Sachs / ING Bank / JPMorgan Chase Bank / Türkiye Garanti Bankası)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 26 October 2022, the Ankara Regional Administrative Court’s 8th Administrative Chamber revoked an earlier decision of the Ankara 3rd Administrative Court that had annulled the Turkish Competition Board’s (the “Board”) decision concerning the imposition of administrative monetary (...)

The EU Commission provides guidance on its leniency policy and practice
European Commission - DG COMP (Brussels)
Antitrust: Commission provides guidance on its leniency policy and practice* The European Commission has published guidance that aims to facilitate leniency applications by providing further transparency, predictability and accessibility to potential leniency applicants. The Commission’s (...)

The EU Commission provides guidance on its leniency policy and practice
Van Bael & Bellis (Brussels)
On 25 October 2022, the European Commission (“Commission”) published a Frequently Asked Questions (“FAQ”) document containing guidance on its cartel leniency programme. The document aims at facilitating leniency applications by providing further transparency, predictability and accessibility to (...)

The Paris Court of Appeal grants partial reformation of the decision of the French Competition Authority concerning practices related to the distribution of products of a Big Tech company, and reduces the fine imposed by two thirds (Apple)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 October 2022, the Court of Appeal of Paris (“the Court”) granted a partial reformation of the decision of the French Competition Authority (“FCA”) of 16 March 2020 concerning practices related to the distribution of certain Apple products (the “FCA Decision”) and reduced by twothirds the (...)

The Italian Regional Administrative Court of Latium overturns an Article 101 TFEU infringement decision of the Italian Competition Authority against two Big Tech companies for violation of general administrative law and procedural defence rights (Apple / Amazon)
Giannino SI (Monserrato)
An Administrative Court overturns an Article 101 TFEU infringement decision of the Italian Competition Authority against Apple and Amazon In Apple and Amazon v AGCM, the Regional Administrative Court of Latium (the Court) annulled the previous decision made by the Italian Competition Authority (...)

The EU Commission adopts the revised Informal Guidance Notice and withdraws Antitrust COVID Temporary Framework Free
European Commission - DG COMP (Brussels)
Competition: Commission adopts a more flexible antitrust Informal Guidance Notice; withdraws Antitrust COVID Temporary Framework* The European Commission has today adopted a revised Informal Guidance Notice that allows businesses to seek informal guidance on the application of EU competition (...)

The EU Commission publishes a revised Informal Guidance Notice clarifying to businesses how to obtain a guidance letter
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The European Commission (the Commission ) adopted today a revised Informal Guidance Notice ( IGN ) that explains the business community how to obtain a guidance letter that addresses unresolved or novel questions regarding the application of Articles 101 and 102 of the Treaty on the (...)

Regulatory

The EU Commission sees the DMA enter into force, ensuring open and fair digital markets
European Commission - DG COMP (Brussels)
Digital Markets Act: rules for digital gatekeepers to ensure open markets enter into force* Tomorrow, the EU Digital Markets Act (DMA) will enter into force. The new Regulation will put an end to unfair practices by companies that act as gatekeepers in the online platform economy. It was (...)

The EU Parliament Digital Markets Act’s entry into force starts the clock on the application of game-changing rules for Big Tech
Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (Brussels)
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 (...)

The German Ministry for Economic Affairs and Climate Action partially prohibits Chinese investment in a Hamburg container terminal (COSCO)
Covington & Burling (Brussels)
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Covington & Burling (Frankfurt)
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Covington & Burling (London)
On October 26, 2022, the German government permitted (with conditions) an investment by Chinese state-owned COSCO Shipping Group (“COSCO”) in one of Hamburg’s four shipping container terminals. Pursuant to foreign direct investment (“FDI”) laws, the German Ministry for Economic Affairs and Climate (...)

The Mexican Competition Authority determines the lack of effective competition in the distribution of LP gas to final users
Mexican Competition Authority (Mexico City)
Cofece determined the lack of effective competition in the distribution of LP Gas to final users* The Board of the Commission determined that there are no effective competition conditions in 213 of 220 geographic markets defined for the distribution of liquefied petroleum gas (LP Gas). It shall (...)

The EU Commission see its Digital Markets Act enter into force and therefore increased antitrust scrutiny of Big Tech firms
Hausfeld (Berlin)
I. Introduction “We are a utility,” said Mark Zuckerberg about his company Facebook in 2012. A decade later, EU legislators appear to deliver what Zuckerberg (unwillingly) called for: being regulated like a utility. On 1 November 2022, European a new landmark Big Tech regulation, the Digital (...)

The EU Commission sees its Digital Markets Act enter into force laying the groundwork for competition enforcement against so-called "gatekeepers"
Morgan, Lewis, & Bockius (Brussels)
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 (...)

The Turkish Competition Authority shares a Draft Amendment to the key national competition legislation which would enable greater oversight of digital markets
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern: Introducing definitions of core platform services into the Law No. 4054 and (...)

The EU Parliament publishes the Digital Markets Act in the Official Journal
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
On October 12, 2022, the Digital Markets Act (DMA) was published in the Official Journal of the European Union. This is the last step in the almost two-year long journey since the publication of the Commission’s initial proposal in December 2020. [1] The text is the same that was approved by (...)

The EU Parliament publishes the Digital Markets Act in the Official Journal, creating a new regulatory regime for large tech platforms
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
The Digital Markets Act (DMA) is a ground-breaking piece of EU regulation, imposing rules on platforms acting as “gatekeepers” in the digital sector, and aiming to ensure fairness and contestability in digital markets. It will enter into force on 1 November 2022, setting the clock running for (...)

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