September 2021

General antitrust

The German Competition Authority publishes the final report on its sector inquiry into hospitals New
German Competition Authority (Bonn)
Final report on the sector inquiry into hospitals: Merger control guarantees competition and quality* Today the Bundeskartellamt has published the final report on its sector inquiry into German hospitals. The outcome of the inquiry confirms the important role played by competition in ensuring (...)

The French Competition Authority welcomes the partial opening to competition of the sale of visible spare parts New
French Competition Authority (Paris)
Car spare parts : the Autorité de la concurrence welcomes the partial opening to competition of the sale of visible spare parts* Adopted on 24 August 2021, the bill n° 2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects allows for the gradual (...)

The Australian Competition Authority seeks insights on the interstate rail network regulation New
Australian Competition and Consumer Commission (Canberra)
ACCC seeks insights on interstate rail network regulation* The way that Australia’s interstate rail network is regulated is under review and the ACCC has today released an issues paper calling for input from businesses that rely on the network. The interstate rail network runs across five (...)

The Indian and Japanese Competition Authorities sign a memorandum on cooperation
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI and the Japan Fair Trade Commission (JFTC) (Competition Authorities) concluded a Memorandum on Cooperation on 6 August 2021. India and Japan had earlier entered into a Comprehensive Economic Partnership Agreement which came into force on 1 August 2011, which included provisions that (...)

The French Competition Authority publishes its annual report for 2020 and gives an outlook of its enforcing action New
Bird & Bird (Paris)
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Bird & Bird (Paris)
The French Competition Authority (“FCA”) has recently published its annual report for 2020. The study provides a summary of the 2020’s major cases and gives an overview of the FCA’s focus for the coming years. During this year marked by the Covid-19 crisis, the report highlights the FCA’s sustained (...)

The EU Commission opens infringement proceedings against 12 Member States for failure to transpose the EU Directive prohibiting unfair trading practices in the agri-food sector New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 July 2021, the European Commission (the Commission) opened an infringement procedure against Belgium and eleven other EU Member States for failure to implement Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural (...)

The UK Government consults the new digital competition regime and the establishment of the Digital Markets Unit New
Bird & Bird (London)
Further to the UK Government’s plans, announced at the end of 2020, to set up a new digital competition regime, (summarized in our earlier article Anthony Rosen, The EU Commission and UK Government publish ground-breaking proposals which threaten to revolutionize the governance of digital (...)

The UK Government publishes proposals for a new regulatory regime for digital markets alongside accompanying consultation documents New
Covington & Burling (London)
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Covington & Burling (London)
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Covington & Burling (London)
On 20 July 2021, the UK Government’s Department for Digital, Culture, Media & Sport (“DCMS”) and Department for Business, Energy & Industrial Strategy (“BEIS”) published proposals for a new regulatory regime for digital markets alongside accompanying consultation documents (the (...)

The Spanish Competition Authority publishes a study about the online advertising sector in which it identifies competition concerns New
Bird & Bird (Madrid)
The Spanish Competition Authority (“CNMC”) has recently published a study about the online advertising sector in which it analyses the market competition conditions, with a stress on ‘big tech’ practices. The study mentions, among other things, some key factors to tackle the set of competition (...)

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market New
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings New
Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Brussels)
In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)

The Spanish Government approves the new General Statute of Spanish Lawyers which aims to provide the legal profession with a modern and effective legislative framework and clarifies legal privilege for Spanish in-house lawyers New
European Company Lawyers Association (ECLA)
“A Giant Leap Forward in Continental Europe Toward Full Unification of The Legal Profession” – legal privilege for Spanish in-house lawyers clarified and enshrined in law* On 3 March, the Spanish Government approved the new General Statute of Spanish Lawyers, replacing the current system that had (...)

Anticompetitive practices

The New Zealand Competition Authority authorizes a company to engage in resale price maintenance in relation to its proposed online stores and marketplaces (HP) New
New Zealand Commerce Commission (Wellington)
Commerce Commission issues determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has authorized HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed HP online stores and HP online marketplace (...)

The US DoJ announces that a commercial flooring company pleaded guilty to bid-rigging and price-fixing (Mr. David’s) New
US Department of Justice - Antitrust Division (Washington)
Commercial Flooring Company Pleads Guilty to Antitrust and Money Laundering Charges* Mr. David’s Flooring International LLC (Mr. David’s), a Chicago-based commercial flooring contractor, pleaded guilty after being charged for its role in a long-running conspiracy to rig bids and fix prices for (...)

The Indian Competition Authority fines a leading automobile manufacturer €26 million for its discount control policies in only the second case in a decade finding RPM practices anticompetitive (Maruti Suzuki India)
Khaitan (New Delhi)
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Khaitan (New Delhi)
On 23 August 2021, the Competition Commission of India (CCI) found Maruti Suzuki India Limited (MSIL) liable for adversely impacting competition in the passenger vehicles segment. The finding marks the conclusion of a two-year-long antitrust probe into MSIL’s implementation of a “discount control (...)

The Spanish Competition Authority dismantles a cartel that altered the results of tenders for the maintenance and operation services of the State Road Network (Aceinsa / Alvac / Audeca / Api) New
Spanish Competition Authority (Madrid)
The CNMC dismantles a cartel that altered the results of tenders for the maintenance and operation services of the State Road Network* The cartel, involving 12 companies, was awarded 71 of the 101 Ministry of Development tenders between 2014 and 2018.The sanctioned companies systematically (...)

The Brazilian Competition Authority fines ten office and school supplies companies for bid rigging (Comercial Armarinho Oliveira / Livraria e Papelaria Boa Vista / Livraria e Leal Dantas) New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Office and school suppliers found guilty of bid rigging in Pernambuco Cartel* CADE levied fines totalling BRL 1.5 million on ten companies and five individuals involved in the scheme In the hearing of this Wednesday (18 August), the Administrative Council for Economic Defense (CADE) found ten (...)

The German Competition Authority imposes a € 2 million fine on a national manufacturer of sustainable ergonomic backpacks for price-fixing (Fond Of)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine on the Cologne-based company Fond Of GmbH* The Bundeskartellamt has imposed a fine totalling around 2 million euros on Fond Of GmbH, a company based in Cologne, on account of vertical price fixing. Fond Of specialises in the development and manufacture of school (...)

The Dutch Competition Authority closes its investigation into a possible violation of competition laws in home-decor sector due to having to prioritize other investigations
Netherlands Authority for Consumers & Markets (The Hague)
ACM closes investigation into possible violation of competition rules in home-decor sector* The Netherlands Authority for Consumers and Markets (ACM) has closed its investigation into a possible violation of competition rules in the home-decor sector. ACM gives priority to other (...)

The US FTC urges the Federal Reserve Board to require debit card gatekeepers to compete fairly New
US Federal Trade Commission (FTC) (Washington)
FTC Urges Federal Reserve Board to Require Debit Card Gatekeepers to Compete Fairly* As mobile and electronic payments become the norm, Commission staff advocate for more competition to protect businesses and families from unfair fees The Federal Trade Commission announced that staff have (...)

The Latvian Competition Authority sanctions a local municipality for abusing its dominant position in the organization of waste management (Jelgava Municipality)
Konkurences padome (Riga)
The CC punishes Jelgava’s Municipality for the abuse of a dominant position in the organization of waste management* On July 22, the Competition Council (CC) decided to punish Jelgava’s Municipality for abuse of a dominant position related to the municipality’s actions, unreasonably and (...)

The Polish Competition Authority initiates proceedings against a cleaning supplies and devices company and a bicycle retailer for restricting competition New
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In July, the Polish Competition Authority (UOKiK) announced the initiation of a preliminary investigation and the fact that they conducted an inspection at the premises of Kärcher. The UOKiK suspects that Kärcher imposed minimum resale prices on distributors selling its professional line of (...)

The New Zealand Competition Authority files proceedings seeking declarations that a consumer loan provider engaged in cartel conduct relating to online advertising (Moola / Google Ads) New
New Zealand Commerce Commission (Wellington)
Commission seeking declarations that agreements not to bid on Google Ads breach Commerce Act* The Commerce Commission has filed proceedings at the High Court in Christchurch seeking declarations that consumer loan provider Moola engaged in cartel conduct relating to online advertising on (...)

The Italian Competition Authority initiates proceedings against two pay-TV providers for possible anticompetitive practices (Tim / Dazn) New
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 8 July 2021, the Italian Competition Authority (“AGCM”) opened an antitrust probe against TIM (the Italian incumbent telecom operator) and DAZN (the live sports streaming service) for possible anti-competitive behaviours stemming from the TV rights agreement between the two companies to (...)

The Swedish Competition Authority closes its investigation on possible anticompetitive conduct in the paint industry and highlights how crucial it is that participants react quickly if any information that may potentially be considered anticompetitive is exchanged New
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
A recent investigation by the Swedish Competition Authority (“SCA”) into discussions in a trade forum demonstrates that it is crucial that participants react quickly if any information that may potentially be considered anti-competitive is exchanged. The SCA investigated whether companies within (...)

The Dutch Competition Authority continues to investigate a Big tech company’s online store (Apple App Store) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM can continue its investigation into the Apple App Store* The investigation of the Netherlands Authority for Consumers and Markets (ACM) into Apple’s App Store complements the investigations of the European Commission into the App Store. All of these investigations can be conducted next to (...)

The Chinese State Council releases a circular elaborating its legislative work plan to submit the Anti-Monopoly Law for deliberation and amendment by Congress to close “loopholes” in anti-cartel enforcement New
Hogan Lovells (Beijing)
Companies doing business in China need to anticipate stricter anti-cartel enforcement in the near future. Recently released legislative plans suggest an amendment of the Anti-Monopoly Law is on its way. The published draft amendment – prepared by the State Administration for Market Regulation, (...)

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

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

Unilateral Practices

The Turkish Competition Authority closes an investigation regarding an alleged abuse of dominance through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging devices (Philips Turkey) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (the “Board”) launched a full-fledged investigation against Türk Philips A.Ş (“Philips Turkey”) into allegations of abuse of dominance through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging devices (...)

The Australian Competition Authority announces new rules and regulations regarding the dominance of Big Tech companies on app marketplaces (Google / Apple)
Australian Competition and Consumer Commission (Canberra)
Platforms’ dominance of apps market needs to be addressed* New rules and regulations may be needed in addition to enforcement action by competition regulators worldwide to rectify concerns about the dominance of Apple and Google in app marketplaces, ACCC Chair Rod Sims said today. In a speech (...)

The US FTC files an amended complaint against a social media company alleging it resorted to illegal buy-or-bury scheme to crush competition after string of failed attempts to innovate (Facebook) New
US Federal Trade Commission (FTC) (Washington)
FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate* Agency’s amended complaint details how the monopolist survived existential threats by illegally acquiring innovative competitors and burying successful app developers. (...)

The Dutch Competition Authority fines a national drug manufacturer for excessive pricing (Leadiant) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM imposes fine on drug manufacturer Leadiant for CDCA’s excessive price* The Netherlands Authority for Consumers and Markets (ACM) has established that drug manufacturer Leadiant charged far too high a price for its prescription drug CDCA-Leadiant. As such, Leadiant abused its dominant (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi) New
Jones Day (Beijing)
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Jones Day (Shanghai)
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Jones Day (Beijing)
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first case (...)

Mergers

The UK Competition Authority prepares a report on the merger between a material manufacturer and a telecommunications company in light of a public interest intervention notice issued over the proposed acquisition (Perpetuus / Taurus) New
United Kingdom’s Competition Authority - CMA (London)
Public interest intervention notice issued over proposed acquisition of The Perpetuus Group by Taurus International Ltd and others* A notice was issued today relating to the proposed acquisition of The Perpetuus Group by Taurus International Ltd and others. On 5 September, acting on official (...)

The UK Competition Authority reassesses a merger in the activewear sector and provisionally finds it raises competition concerns (JD Sports / Footasylum) New
United Kingdom’s Competition Authority - CMA (London)
Competition concerns remain over JD Sports merger* The CMA has provisionally found JD Sports’ takeover of Footasylum could lead to a worse deal for shoppers, after reassessing the merger. Following the CMA’s final decision to block the merger between JD Sports and Footasylum in May 2020, JD (...)

The US DoJ announces the fining of a WallStreet bank CEO for gun-jumping (Richard D. Fairbank / Capital One) New
US Department of Justice - Antitrust Division (Washington)
Capital One CEO to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia, (...)

The US DoJ requires divestitures for a proposed merger between two banks (BancorpSouth Bank / Cadence Bank) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Divestitures in BancorpSouth Bank’s Merger with Cadence Bank* Divestiture of Seven Mississippi Branches will Protect Consumers in Rural Communities and Small Towns The Department of Justice announced today that BancorpSouth Bank and Cadence Bank have agreed to sell (...)

The US FTC fines the CEO of a WallStreet bank for repeatedly violating antitrust laws (Capital One / Richard Fairbank) New
US Federal Trade Commission (FTC) (Washington)
FTC Fines Capital One CEO Richard Fairbank for Repeatedly Violating Antitrust Laws* On multiple occasions, Wall Street banker failed to comply with federal antitrust laws when he illegally finalized stock acquisitions Today, the Federal Trade Commission announced that Richard Fairbank, CEO of (...)

The French Competition Authority conditionally clears an acquisition between two suppliers specialized in the trade-in wood and panels for construction professionals (Chausson Matériaux / Saint-Gobain) New
French Competition Authority (Paris)
Wood and panel trade: the Autorité conditionally clears the acquisition of Panofrance (Chausson Matériaux) by Distribution Matériaux Bois-Panneaux (Saint-Gobain)* On 6 July 2021, Distribution Matériaux Bois-Panneaux (DMBP) notified the Autorité de la concurrence of its plan to acquire control of (...)

The German Competition Authority clears a magazine publisher’s plans to participate in the joint venture with a distribution company (MZV / Klambt) New
German Competition Authority (Bonn)
Bundeskartellamt clears Klambt’s participation in MZV* The Bundeskartellamt has cleared plans by the magazine publisher Klambt to participate in the joint venture MZV Moderner Zeitschriften-Vertrieb previously controlled by FUNKE Mediengruppe and Burda. The authority specifically examined the (...)

The French Competition Authority identifies the provision of co-working spaces for the first time as a relevant market (CDC / Nexity / Miniburo) New
French Competition Authority (Paris)
The Autorité de la concurrence identifies for the first time the provision of coworking spaces as a relevant market* It clears the acquisition of joint control of Miniburo by the French Deposit and Consignment Office (hereafter CDC) and Nexity On 10 August 2021, the French Deposit and (...)

The Dutch Competition Authority conditionally clears the acquisition of a distributor of educational materials by a publisher after a follow-up investigation (Iddink / Sanoma Learning) New
Netherlands Authority for Consumers & Markets (The Hague)
After follow-up investigation, ACM still conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Following a court ruling, the Netherlands Authority for Consumers and Markets (...)

The Dutch Competition Authority clears the acquisition of three transport companies specialized in the handling of flowers and plants by a national cooperative of floriculture growers (Royal FloraHolland / Floriway) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of three transport companies specialized in the handling of flowers and plants by Royal Flora (...)

The German Competition Authority approves a merger between ready-mixed concrete manufacturers following a Phase II investigation (Rohrdorfer / Ganser) New
German Competition Authority (Bonn)
Merger between ready-mixed concrete manufacturers: Rohrdorfer can acquire Ganser* After second-phase investigations, the Bundeskartellamt has cleared plans by Südbayerisches Portland-Zementwerk Gebr. Wiesböck & Co. GmbH, Rohrdorf (Rohrdorfer), to acquire all the shares in Ganser Baustoffe (...)

The EU Commission starts an investigation for possible breach of a standstill obligation in a merger between two biotechnology and pharmaceutical companies (Illumina / Grail)
DG COMP (Brussels)
Mergers: Commission starts investigation for possible breach of the standstill obligation in Illumina / GRAIL transaction* The European Commission has decided to open an investigation to assess whether Illumina’s decision to complete its acquisition of GRAIL, while the Commission’s in-depth (...)

The Dutch Competition Authority clears the merger between two veal producing companies (Van Dam / Van Drie) New
Netherlands Authority for Consumers & Markets (The Hague)
Concentration in veal sector: ACM clears acquisition of Van Dam by Van Drie* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the Dutch activities of veal company Van Dam by rival company Van Drie Group. Following an extensive investigation into the (...)

The Spanish Competition Authority urges a telecommunication company to modify or clarify the terms of its commercial offer that includes the rental of "smartphones" (Telefónica / DTS)
Spanish Competition Authority (Madrid)
The CNMC urges Telefónica to modify or clarify the terms of the Fusión commercial offer that includes the rental of "smartphones" In 2015, the Commission authorised the concentration between Telefónica / DTS subject to a series of commitments related to pay television. Last April, Telefónica (...)

The New Zealand Competition Authority clears a merger between a fire-rated doors and windows manufacturer and supplier (Assa Abloy / Fire Doors) New
New Zealand Commerce Commission (Wellington)
Commission grants clearance for Assa Abloy NZ to acquire NZ Fire Doors* The Commerce Commission has granted clearance to ASSA ABLOY New Zealand Limited (Assa Abloy NZ) to acquire all of the shares in NZ Fire Doors Limited (NZFD). Both Assa Abloy NZ (through its subsidiary Pacific Door Systems (...)

The Latvian Competition Authority approves the merger between two national film screening companies (Apollo Kino / OÜ) New
Konkurences padome (Riga)
CC allows owner of “Apollo Kino” to buy OÜ “Forum Cinemas Latvia”* On June 3, the Competition Council (CC) adopted a decision to allow OÜ “MM Grupp”, a company registered in Estonia, representing several companies in Latvia, incl. Ltd. “Apollo Kino”, to acquire another company registered in Estonia, OÜ (...)

State Aid

The EU Commission approves a €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the Covid-19 pandemic New Free
DG COMP (Brussels)
State aid: Commission approves €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €520 million Italian scheme to compensate companies active in the (...)

The EU Commission approves a Belgian capacity mechanism that will contribute to ensuring the security of the electricity supply New
DG COMP (Brussels)
State aid: Commission approves Belgian Capacity Mechanism* The European Commission has approved, under EU State aid rules, Belgium’s capacity mechanism. The measure will contribute to ensuring the security of electricity supply, in particular in view of Belgium’s decision to phase out all (...)

The EU Commission approves a €5.7 billion French scheme to support the production of electricity from small solar installations on buildings New
DG COMP (Brussels)
State aid: Commission approves €5.7 billion French scheme to support production of electricity from small solar installations on buildings* The European Commission has approved, under EU State aid rules, a €5.7 billion French aid scheme to support renewable electricity production from small (...)

The EU Commission approves a €500 million Greek aid scheme to support the uncovered fixed costs of companies affected by the Covid-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €500 million Greek aid scheme to support uncovered fixed costs of companies affected by coronavirus outbreak* The European Commission has approved a Greek scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was (...)

The EU Commission Commission approves a €108 million Danish aid measure to support Covid-19-related research and development activities of a healthcare company (Bavarian Nordic) New Free
DG COMP (Brussels)
State aid: Commission approves €108 million Danish aid measure to support coronavirus-related research and development activities of Bavarian Nordic* The European Commission has approved a €108 million Danish aid measure to support coronavirus-related research and development (R&D) (...)

The EU Commission approves €1 billion Cypriot scheme to support enterprises and self-employed individuals in the context of the Covid-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €1 billion Cypriot scheme to support enterprises and self-employed individuals in context of coronavirus outbreak* The European Commission has approved a €1 billion Cypriot scheme to support enterprises and self-employed individuals in the context of the (...)

The EU Commission adopts an extension of the scope of the General Block Exemption Regulation New Free
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 23 July 2021, the European Commission (“Commission”) adopted an extension of the scope of the General Block Exemption Regulation (“GBER”). The revised rules concern: Aid for projects funded via certain EU centrally managed programs under the new Multiannual Financial Framework; and Certain (...)

The UK Government announces its draft setting out the framework for how the nation will subsidize businesses post-Brexit New
Covington & Burling (London)
The UK’s post-Brexit Subsidy Control regime — what to expect* What is happening and why? On 30 June, the UK Government announced its draft Subsidy Control Bill (the “Bill”) which sets out the framework for how the UK will subsidise businesses post-Brexit. The UK government has hailed the Bill as (...)

Procedures

The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial service company (Merricks / Mastercard) New
Shearman & Sterling (London)
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Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

The German Federal Court of Justice decides that the bundling of claims was admissible through a legal service provider causing the judgment to receive a lot of attention from the competition litigation community (Air Berlin) New
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
Germany up to this point does not offer claimants a true US- or UK-style class action regime – a situation that is felt especially in the context of seeking compensation for cartel damages. Claimants have therefore found other ways to join forces and bundle their claims. The most notable method (...)

The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence (...)

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

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