September 2022

General antitrust

The German Competition Authority presents its annual report for 2021 / 2022
German Competition Authority (Bonn)
Bundeskartellamt presents its Annual Report for 2021/22* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s “2021/22 Annual Report”. Protecting competition in difficult times Andreas Mundt: “Russia’s terrible war against Ukraine and its devastating consequences (...)

The Hong Kong Competition Authority issues advice on employers’ joint negotiations with employee bodies on employment matters
Hong Kong Competition Commission (Wanchai)
Competition Commission advises on employers’ joint negotiations with employee bodies on employment matters* The Competition Commission (“Commission”) today published an Advisory Bulletin to provide guidance on how the Competition Ordinance (“Ordinance”) applies to the conduct of employers in the (...)

The US FTC passes omnibus resolutions expanding its powers to investigate proposed mergers and potentially unlawful collusive conduct
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to automatically seek compulsory process in: (1) investigations related to (...)

The EU Commission publishes market study on hotel distribution practices
DG COMP (Brussels)
Antitrust: Commission publishes market study on hotels’ distribution practices* The European Commission published today the results of an external market study on the distribution practices of hotels in the EU. The market study was conducted in 2021 and covers the period between 2017 and 2021. (...)

The Australian Competition Authority issues a report which reveals the market share growth of smaller telecommunication companies
Australian Competition and Consumer Commission (Canberra)
Smaller telcos continue to increase broadband market share* Smaller broadband providers increased their market share in the NBN wholesale market in the June quarter 2022, and a record number of telcos now have their networks connected to the NBN at all of the available physical locations, the (...)

The Italian Parliament amends competition law with the 2021 Annual Market & Competition Law scheduled to enter into force in August 2022
Hogan Lovells (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
Strengthening of the powers of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) (“ICA”) Mergers The Competition Law amends the test applied by the ICA for the assessment of mergers by aligning it with the test adopted at the EU level. In particular, the (...)

The Croatian Competition Authority and the State Commission for the Supervision of Public Procurement Procedures sign a memorandum of agreement committing to cooperate in ensuring effective competition in public procurement
Croatian Competition Agency (Zagreb)
STATE COMMISSION FOR THE SUPERVISION OF PUBLIC PROCUREMENT PROCEDURES AND CROATIAN COMPETITION AGENCY SIGN A MEMORANDUM OF AGREEMENT* The parties committed themselves to cooperation in the area of competition in the public procurement procedures in all markets in the territory of the Republic (...)

The EU Commission includes for the first time in its draft revision of the horizontal cooperation guidance a specific section on consortia agreements
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal (...)

Anticompetitive practices

The Polish Competition Authority fines two firms for conspiring to rig bids for the maintenance of green areas (Zwyż – Dźwig / FHU Berger)
Polish Competition Authority (Warsaw)
Collusion in tenders for the maintenance of green areas - the decision of the President of the Office of Competition and Consumer Protection* The President of the Office of Competition and Consumer Protection, Tomasz Chróstny, issued a decision on tender collusion, and by this decision, he (...)

The Turkish Competition Authority scrutinises digital markets for excessive pricing (Sahibiden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic AŞ, (...)

The Austrian Competition Authority fines a school bag manufacturer €2M for vertical price fixing (Fond Of)
Austrian Competition Authority (Vienna)
Investigations into concerted practices in the school bags sector concluded: Final application filed with Cartel Court* In early 2019, the Austrian Federal Competition Authority (AFCA) initiated investigations into Fond Of GmbH, a manufacturer of school bags and school backpacks, as well as (...)

The UK Competition Appeal Tribunal issues opt-out certification decision in a class action brought against a Big Tech by a consumer advocate (Liz Coll / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The Australian Federal Court orders a construction union and construction company to pay penalties of $750,000 and $600,000 respectively for boycott conduct in breach of competition laws (Hutchinson / CFMMEU)
Australian Competition and Consumer Commission (Canberra)
CFMEU and Hutchinson to pay penalties for boycott conduct* The Federal Court has today ordered the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and construction company J Hutchinson Pty Ltd (Hutchinson) to pay penalties of $750,000 and $600,000 respectively for boycott (...)

The US FTC institutes court action against a mobile app company for selling consumer location information (Kochava)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Boston)
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McDermott Will & Emery (Chicago)
On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers. This suit comes on the heels of the FTC’s announcement earlier this month that it (...)

The Austrian Competition Authority applies to fine the first company in its investigation of the facade construction industry for price fixing, market sharing, and exchange of competitively sensitive information (NFS Bau)
Austrian Competition Authority (Vienna)
Facade construction: AFCA files application to have first company fined* In the course of its investigations into the facade construction industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 25 August 2022 to fine one of the (...)

The Czech Competition Authority imposes maximum possible fines on three undertakings suspected of being involved in a cartel agreement for obstructing a dawn raid (Marc spol / Eurotubes / HK steel trading)
Czech Competition Authority (Brno)
The office imposed maximum possible fines for obstruction of a dawn raid* The Office for the Protection of Competition (hereinafter referred to as "the Office") has imposed the maximum possible fines on three undertakings suspected of being involved in a cartel agreement for obstructing a (...)

The Norwegian Competition Authority closes investigation against an industry association for possible exchange of market sensitive information
Norwegian Competition Authority (Bergen)
Closes investigation against industry association* The Norwegian Competition Authority has been investigating an industry association for possible anticompetitive behaviour since 2020. After an overall assessment of the available facts, the Authority has now decided to close the investigation. (...)

The US Court of Appeals for the Seventh Circuit rules that hypothetical monopolist test remains "best approach" for geographic market analysis in healthcare context (Vasquez / Indiana University Health)
Hausfeld (Washington)
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred in (...)

The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks)
Hausfeld (Berlin)
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Hausfeld (Brussels)
In its latest decision regarding the Trucks cartel the European Court of Justice (“ECJ“) once again clarified statute of limitation issues. Although the decision primarily dealt with the temporal applicability of the 2014 EU Damages Directive, it draws important implications for the (...)

The Turkish Competition Authority refuses to grant negative clearance to sharing of market information amongst ceramic sanitary ware manufacturers and ceramic tile manufacturers (Ceramic Sanitary Ware Manufacturers Association / Ceramic Tile Manufacturers Association)
Turkish Competition Authority (Ankara)
The Board Decision concerning the request that a negative clearance/exemption be granted to the collection and sharing of certain information about the activities of Ceramic Sanitary Ware Manufacturers Association and Ceramic Tile Manufacturers (20.08.2020) (23.8.2022)* As a result of the (...)

The Turkish Competition Authority fines an online second hand books company for abuse of dominance (Nadirkitap)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
I. Introduction The Turkish Competition Authority (“ Authority ”) has published its Nadirkitap decision in which it evaluated the allegation as to whether Nadirkitap Bilişim ve Reklamcılık AŞ (“ Nadirkitap ”), a company providing mediation services in the online sale of the second-hand books through (...)

The Hellenic Competition Authority fines nine companies in the cooling and heating systems sector over €1.1 million for resale price maintenance (Clima Control / Helioakmi / AHI Carrier / Amiridis-Savvidis ...)
Hellenic Competition Commission (Athens)
Press Release - fines of €1.167.381,61 on nine companies of cooling and heating systems / appliances* Subject: Decision of the Hellenic Competition Commission to impose fines of the amount of €1.167.381,61 on nine companies operating in the Greek market of cooling and heating systems/ appliances (...)

The UK Competition Appeal Tribunal overturns the Competition Authority’s wide "Most Favoured Nation" decision (ComparetheMarket)
Clifford Chance (London)
Background In November 2020, the CMA issued a Decision against CTM and imposed a c. £18m penalty. The Decision took issue with contractual obligations known as wide most favoured nation clauses (wide MFNs), which were imposed by CTM in its agreements with certain home insurers. These clauses (...)

The Brazilian Competition Authority finds three companies guilty of cartel activity in the distribution and resale of LP gas (Nacional Gás Butano Distribuidora / Revendedora de Gás da Paraíba / Frazão Distribuidora de Gás)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE finds three companies guilty of cartelisation in the distribution and resale of LP gas* Fines reach over BRL 600 million On 3 August, the Administrative Council for Economic Defense (CADE) found the companies Nacional Gás Butano Distribuidora, Revendedora de Gás da Paraíba, and Frazão (...)

The US District Court for the District of Denver acquits five executives of chicken producers in price fixing and bid rigging cartel case (Jayson Jeffrey Penn / Roger Born Austin / William Wade Lovette / Mikell Reeve Fries / Scott James Brady)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On July 7, 2022, a federal jury in Denver acquitted five executives who faced criminal charges for conspiring to fix prices in the chicken industry. The not-guilty verdict, which acquitted current and former executives of top chicken producers Pilgrim’s Pride and Claxton Poultry Farms, provides (...)

The Turkish Competition Authority concludes anticompetitive investigations on three port logistics companies and fines only the dominant one (Ortadoğu Antalya Liman İşletmeleri / Medlog Lojistik Gemicilik Turizm / MSC Gemi Acenteliği)
Turkish Competition Authority (Ankara)
The investigation concerning Ortadoğu Antalya Liman İşletmeleri A.Ş., MSC Gemi Acenteliği A.Ş. and Medlog Lojistik Gemicilik Turizm A.Ş. concluded (8.3.2022) (9.3.2022)* The investigation conducted to determine whether articles 4 and 6 were violated, concerning Ortadoğu Antalya Liman İşletmeleri (...)

Unilateral Practices

The UK Competition Authority orders a major supermarket to rewrite land deals to remove provisions that block rival supermarkets from establishing in the surrounding area (Waitrose)
United Kingdom’s Competition Authority - CMA (London)
Anti-competitive land deals re-written to help businesses and shoppers* Waitrose has agreed to rewrite several property deals after it signed land agreements which blocked other supermarkets from opening nearby. Waitrose re-writes land deals to allow rivals to open nearby “We will continue to (...)

The German Competition Authority issues interim order to an airline forbidding the termination of cooperation agreements with a rival on the grounds that to do so would impede competition (Condor / Lufthansa)
German Competition Authority (Bonn)
Lufthansa impedes Condor in competition for long-haul flights – Bundeskartellamt secures access to feeder flights* The Bundeskartellamt prohibits Lufthansa for the time being from terminating long-standing cooperation agreements (Special Prorate Agreements, SPAs) with Condor. Andreas Mundt, (...)

The Slovak Competition Authority accepts the commitments of the national postal service to remedy competition concerns over discriminatory pricing (Slovenská pošta)
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR issued a commitments decision against the company Slovenská pošta, a.s.* AMO SR imposed on the party to the proceedings the obligation to fulfill commitments. On 14 May 2021 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant (...)

The Finnish Competition Authority fines a hardware retailer €1.75M for resale price maintenance (Iso­joen Kone­halli)
Finnish Competition and Consumer Authority (Helsinki)
The Mar­ket Court im­posed a penalty fee of EUR 1.75 mil­lion on Iso­joen Kone­halli Oy for im­pos­ing re­tailer prices in on­line stores* On 11 August 2022, the Market Court imposed a penalty fee of EUR 1.75 million on the import and hardware store Isojoen Konehalli Oy (IKH) for prohibited resale (...)

The UK Competition Appeal Tribunal agrees with the appellant that a fine imposed for anticompetitive MFC clauses should be set aside on the basis that such infringements are not by object anticompetitive and the Competition Authority had failed to prove effects (ComparetheMarket)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. The CAT found that the CMA’s “anecdotal evidence” (...)

The UK Competition Appeal Tribunal sets aside the decision of the Competition Authority on MFC clauses on the grounds that it had not demonstrated any appreciable adverse effects on competition to the requisite legal standard (ComparetheMarket)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 8 August 2022 the Competition Appeal Tribunal (CAT) set aside the CMA’s infringement decision in its Compare The Market investigation relating to the use of wide MFN clauses. The CAT concluded that the CMA’s definition of the relevant market in the decision was materially wrong and that the (...)

The EU General Court annuls the Commission’s decision imposing a near-billion euro fine on a chip manufacturer for exclusivity payments to phone producer (Qualcomm)
Clifford Chance (London)
The judgment is a rare full annulment in an abuse of dominance case, and the first of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. Background On 24 January 2018, the European Commission (EC) imposed a fine of EUR 997 million on Qualcomm for breaching Article 102 (...)

The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in Zagreb (...)

Mergers

The UK Competition Authority clears, following a Phase II investigation, a merger between major cyber security firms (Avast / NortonLifeLock)
United Kingdom’s Competition Authority - CMA (London)
CMA clears NortonLifeLock / Avast merger* The CMA has cleared the anticipated acquisition of Avast by NortonLifeLock following an in-depth merger investigation. NortonLifeLock and Avast both offer cyber safety software to consumers under a variety of different brands. Products include (...)

The Cypriot Competition Authority receives notification of an intended acquisition of a Dutch stair lift producer by a Dutch investment company (Otolift Beheer / NPM Capital)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the share capital of Otolift Beheer B.V. by NPM Capital N.V., through NPM Investments 28 B.V.* The Service of the Commission for the Protection of Competition has received a notification of a concentration, according to Section 10 (...)

The Lithuanian Competition Authority greenlights the acquisition of a German manufacturer of pressure sensitive labels by a Finnish manufacturer of recyclable products (UPM-Kymmene Beteiligungs / AMC AG Advanced Methods of Coating)
Lithuanian Competition Authority (Vilnius)
FINNISH COMPANY RECEIVES PERMISSION TO ACQUIRE GERMAN MANUFACTURER OF PRESSURE SENSITIVE LABELS* The Finnish forestry company UPM-Kymmene Beteiligungs will be able to acquire 100 per cent of the shares of the German firm AMC AG Advanced Methods of Coating and, indirectly, control of Inter (...)

The UK Competition Authority decides to refer a potential merger between a Big Tech company and a leading video game publisher for a Phase II investigation (Microsoft / Activision Blizzard)
United Kingdom’s Competition Authority - CMA (London)
Microsoft / Activision deal could lead to competition concerns* The Competition and Markets Authority (CMA) is concerned that Microsoft’s anticipated purchase of Activision Blizzard could substantially lessen competition in gaming consoles, multi-game subscription services, and cloud gaming (...)

The Australian Competition Authority greenlights the acquisition of a South Korean based airline by a rival (Korean Air / Asiana)
Australian Competition and Consumer Commission (Canberra)
Korean Air’s proposed acquisition of Asiana not opposed* The ACCC will not oppose Korean Air Lines Co. Ltd.’s (Korean Air) proposed acquisition of Asiana Airlines, Inc (Asiana). Korean Air and Asiana are airlines based in South Korea that provide air passenger and air cargo services between (...)

The New Zealand Competition Authority clears the acquisition of a producer of animal drugs by a rival without conditions (Zoetis / Jurox)
New Zealand Commerce Commission (Wellington)
Zoetis cleared to acquire animal healthcare rival Jurox in New Zealand* The Commerce Commission has granted clearance for Zoetis Inc. (Zoetis) to acquire Betrola Pty Limited, which owns the Jurox group of companies (Jurox). Zoetis and Jurox both supply animal health care products. Deputy (...)

The Cypriot Competition Authority receives notification of an intended acquisition by a Canadian security company of an American provider of cash support services to banks (Arca Holdings / Garda World Security Corporation)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the share capital of Arca Holdings LLC by Garda World Security Corporation* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the proposed acquisition of the (...)

The Canadian Competition Authority approves merger between two gas retail companies subject to the sale of 46 gas station subsidiaries (Couche-Tard / Wilsons)
Canadian Competition Bureau (Gatineau)
Competition Bureau resolves competition issues with Couche-Tard’s acquisition of Wilsons gas stations in Atlantic Canada* The Competition Bureau announced today that it reached an agreement with Alimentation Couche-Tard Inc. and its affiliates related to their proposed acquisition of Wilsons. (...)

The Australian Competition Authority approves the acquisition of a web-offset printing services in voluntary administration by a market competitor (Ive / Ovato)
Australian Competition and Consumer Commission (Canberra)
IVE’s acquisition of Ovato not opposed* The ACCC will not oppose IVE Group’s (ASX: IGL) proposed acquisition of Ovato Limited (ASX: OVT). IVE and Ovato overlap in heatset web-offset printing, which is used to produce a range of printed materials in Australia, including magazines and retail (...)

The Australian Competition Authority opens consultation on the proposed merger between two grocery suppliers (Woolworths / SUPA IGA Karabar)
Australian Competition and Consumer Commission (Canberra)
Consultation opens on Woolworths’ proposed acquisition of SUPA IGA Karabar* The ACCC is seeking views from consumers and businesses in the Queanbeyan area on Woolworths’ proposed acquisition of SUPA IGA Karabar. Woolworths and SUPA IGA Karabar currently compete in supplying groceries in the (...)

The Lithuanian Competition Authority prohibits the acquisition of a Lithuanian grain production company by a Latvian grain production company (Baltic Mill / Dobeles dzirnavnieks)
Lithuanian Competition Authority (Vilnius)
Latvian Firm Dobeles Dzirnavnieks does not receive permission to acquire Lithuanian company Baltic Mill* Today the Lithuanian competition authority Konkurencijos taryba refused to clear the acquisition of 100 per cent of the shares and sole control of the Lithuanian company Baltic Mill by the (...)

The Portuguese Competition Authority clears the acquisition of a funeral services company by a market competitor (Grupo Catalina Occidente / Grupo Mémora)
Portuguese Competition Authority (Lisbon)
The AdC issued a non-opposition decision to the merger 36/2022 - Grupo Catalana Occidente / Grupo Mémora* On 26 August 2022, the Board of the AdC, using the powers conferred on it by subparagraph d) of paragraph 1 of article 19 of the Articles of Association, approved by Decree-Law n.º 125/2014, (...)

The Portuguese Competition Authority issues non-opposition decision to the merger between two internet broadband providers (Fastfiber / Fibroglobal)
Portuguese Competition Authority (Lisbon)
The AdC issued a non-opposition decision to the merger 28/2022 - FastFiber / Fibroglobal* On 26 August 2022, the Board of the AdC, using the powers conferred on it by subparagraph d) of paragraph 1 of article 19 of the Articles of Association, approved by Decree-Law n.º. 125/2014, of 18 August, (...)

The German Competition Authority receives notification that two shipping companies have abandoned their merger plans following the Authority’s Statement of Objection (China International Marine Containers Group / Maersk)
German Competition Authority (Bonn)
Bundeskartellamt / Manufacture of shipping containers* China International Marine Containers Group abandons its planned acquisition of Maersk Container Industry following concerns expressed by the Bundeskartellamt Bonn, 26 August 2022: The parties have withdrawn the notification of the (...)

The Australian Competition Authority publishes statement of issues which prevents the conclusion of a merger between two investment companies (Palisade Investment / Port of Geelong)
Australian Competition and Consumer Commission (Canberra)
Spirit Super and Palisade Investment Partners Consortium decides not to proceed with Port of Geelong acquisition* The Spirit Super and Palisade Investment Partners Consortium (the Consortium) has withdrawn its request for merger clearance from the ACCC for its proposed acquisition of the Port (...)

The UK Competition Authority finds that a merger between two waste management services suppliers raises competition concerns, and issues merger remedies (Veolia / Suez)
United Kingdom’s Competition Authority - CMA (London)
CMA unwinds Veolia / Suez merger in the UK* Prior to the merger, Veolia and Suez were 2 of the largest suppliers of waste management services in the UK. The CMA has today required Veolia to sell 3 businesses after an in-depth merger investigation concluded the merger gives rise to competition (...)

The Portuguese Competition Authority issues a non-applicability decision to the merger between two hospital infrastructure maintenance service providers (Hygeia / Concessão)
Portuguese Competition Authority (Lisbon)
The AdC issued a decision of non-applicability to the merger 33/2022 - Mota-Engil / Concessão do Hospital de Lisboa Oriental* On 24 August 2022, the Board of Directors of the Competition Authority, in the exercise of the powers conferred on it by subparagraph d) of paragraph 1 of article 19 of (...)

The UK Competition Authority finds that the merger between two dental service providers raises competition concerns in parts of Yorkshire and Derbyshire (Riviera Bidco / Rodericks Dental)
United Kingdom’s Competition Authority - CMA (London)
Dental merger raises competition concerns in parts of Yorkshire and Derbyshire* An initial investigation by the CMA into an acquisition of dental practices has found competition concerns in parts of Doncaster, Yorkshire and Alfreton, Derbyshire. The Competition and Markets Authority (CMA) (...)

The Cypriot Competition Authority receives notification from a Guernsey private equity firm of its intention to acquire a German pharmaceutical firm (Permira Holdings / Sanofi)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition by Permira Holdings Ltd of assets related to the portfolios of central nervous system and pain/cardiology medicinal products which belong to Sanofi S.A, via Laboratorios Lesvi S.L.U.* The Service of the Commission for the Protection of (...)

The Cypriot Competition Authority receives notification that a Singaporean investment firm intends to acquire three firms active in the global supply of irrigation products (Jain America Holdings / Naandan Jain Irrigation / Gavish Control System / Temasek Holdings)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the share capital of Jain America Holdings Inc., Naandan Jain Irrigation Ltd and Gavish Control System Ltd, by Temasek Holdings (Private) Ltd, via Rivulis PTE Ltd* The Service of the Commission for the Protection of Competition has (...)

The Finnish Competition Authority opens in-depth investigation into the proposed merger between two energy companies (He­len / Läm­pöYkkö­nen)
Finnish Competition and Consumer Authority (Helsinki)
FCCA opens in-depth in­ves­ti­ga­tion into the pro­posed merger be­tween He­len and Läm­pöYkkö­nen* On 15 August 2022, the Finnish Competition and Consumer Authority (FCCA) initiated further proceedings regarding the proposed merger in which Helen Oy and LämpöYkkönen Oy will establish a joint venture. In (...)

The Cypriot Competition Authority receives notification that a Luxembourg-based asset manager intends to take over an arm of a London-listed European public company offering information on commodities (Fastmarkets Euromoney / Astorg)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration regarding the acquisition of the Fastmarkets sector of Euromoney Institutional Investor PLC by Astorg VΙΙΙ, SCSp* The Service of the Commission for the Protection of Competition has received notification of a concentration, pursuant to Section 10 of the Control of (...)

The Cypriot Competition Authority receives notification of the planned acquisition of a supermarket by a major retailer (SPAR / S.D.T Ioannides Bros)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of the SPAR supermarket in Larnaca of ERMES Department Stores PLC by S.D.T Ioannides Bros Limited* The Service of the Commission for the Protection of Competition announces that it has received a notification of concentration by (...)

The French Competition Authority clears the acquisition of beddings producer by a rival subject to commitments, including a possible divestment (Compagnie du Lit / Finadorm)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the takeover of Compagnie du Lit by Finadorm* On 3 January 2022, the Finadorm Group (France Literie) notified the Autorité de la concurrence of its plan to acquire sole control of the CDL Group (La Compagnie du Lit). Parties to the (...)

The Romanian Competition Authority approves the takeover of the assets of an animal feed mill by a poultry farm (Sam Mills / Poultry Farms)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF SOME ASSETS OF SAM MILLS EUROPE AND SAM MILLS FEED BY POULTRY INTEGRATION FARMS * The Competition Council approved the transaction by which Poultry Integration Farms takes over from Sam Mills Europe and Sam Mills Feed some assets for the (...)

The Romanian Competition Authority launches for public debate the commitments of a car manufacturing company following a finding of infringement for abuse of dominance (Volvo Romania)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debate the commitments proposed by Volvo Romania* The Competition Council launches for public debate the commitments proposed by Volvo Romania in order to remove the competition concerns related to the investigation on a potential abuse of dominant (...)

The Romanian Competition Authority assesses proposed takeover between two petroleum and gas retail companies (Rombeer Crîngașu / Flagas)
Romanian Competition Council (Bucharest)
The Competition Council assess the taking over of Rombeer Crîngașu by Flagas* The Competition Council assesses the transaction by which Flagas takes over Rombeer Crîngașu and 14 gas stations from Dâmbovița and Prahova counties owned under the name ”RBS Gas”. Flagas SRL sells car fuels (gasoline, (...)

The Romanian Competition Authority authorises the takeover of a computer hardware and software company by a computer IT Company due to unlikelihood of impact on effective competition in the market (2net Computer / Top Tech / Bittnet Systems)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL AUTHORIZED THE TAKING OVER OF 2NET COMPUTER AND TOP TECH BY BITTNET SYSTEMS * The Competition Council authorized the transactions by which Bittnet Systems SA takes over the companies 2Net Computer SRL and Top Tech SRL. Bittnet Systems is active, mostly, in the area of (...)

The EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the capture of mergers below the thresholds (Grail / Illumina)
Orrick, Herrington & Sutcliffe (Paris)
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Orrick, Herrington & Sutcliffe (Paris)
In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert its (merger control) jurisdiction over the “below-the-thresholds” (...)

The EU General Court upholds the decision of the Commission to block a joint venture between two large steel producers (ThyssenKrupp / Tata Steel)
Covington & Burling (Brussels)
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Covington & Burling (London)
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Covington & Burling (Brussels)
On 22 June 2022, the EU’s General Court (“GC”) fully dismissed thyssenkrupp’s appeal against the European Commission’s (“Commission”) decision to block its proposed joint venture (“JV”) with Tata Steel in 2019. This is the first time that the GC has considered the prohibition of a “gap” case under the (...)

The Belgian Competition Authority approves merger between two civil construction contractors (Bam Contractors / Désiré Stadsbader)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority approves the acquisition of BAM Contractors BV by Désiré Stadsbader NV* On 28 April 2022, the Belgian Competition Authority (BCA) approved the acquisition of BAM Contractors BV by Désiré Stadsbader NV. The concentration was notified on 7 April 2022. The (...)

The Turkish Competition Authority publishes amendments to the Horizontal Guidelines and Non-Horizontal Guidelines
Turkish Competition Authority (Ankara)
Amendments related to the Communique Concerning Mergers and Acquisitions: Calling for the Authorization of the Competition Board and the Guidelines related to the Assessment of Mergers and Acquisitions (9.3.2022)* The Communiqué no 2010/4 Concerning the Mergers and Acquisitions Calling for the (...)

The Croatian Competition Authority allows the implementation of exceptional circumstances steps in the merger between two financial institutions due to the extent of the economic sanctions against Russia (Hrvatska poštanska banka / Sberbank Hrvatska)
Croatian Competition Agency (Zagreb)
Upon the request of the notifying party, the CCA allowed the implementation of certain steps in the implementation of the concentration in line with the Croatian Competition Act* On 1 March 2022 the Croatian Competition Agency (CCA) received a pre-notification of the concentration between the (...)

State Aid

The EU Commission approves a Greek scheme under the Recovery and Resilience Facility to support development of electricity storage facilities
DG COMP (Brussels)
State aid: Commission approves Greek scheme under Recovery and Resilience Facility to support development of electricity storage facilities* The European Commission has approved, under EU State aid rules, a Greek measure with an estimated budget of €341 million to support the construction and (...)

The EU Commission approves an Italian scheme under the Recovery and Resilience Facility to support the production of biomethane
DG COMP (Brussels)
State aid: Commission approves Italian scheme under Recovery and Resilience Facility to support biomethane production* The European Commission has approved, under EU State aid rules, an Italian scheme made available through the Recovery and Resilience Facility (’RRF’) to support the construction (...)

The EU Commission approves an Italian scheme worth €526.5M to support the road haulage sector in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €526.5 million Italian scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine* The European Commission has approved a €526.5 million Italian scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine. (...)

The EU Commission approves a Dutch scheme to support the filling of the gas storage facility in the context of Russia’s invasion of Ukraine (Bergermeer)
DG COMP (Brussels)
State aid: Commission approves Dutch scheme to support the filling of the gas storage facility Bergermeer in context of Russia’s invasion of Ukraine* The European Commission has approved an up to €406.4 million Dutch scheme to support the filling of the gas storage facility Bergermeer in the (...)

The EU Commission consults Member States on a proposal to amend the Temporary Crisis Framework which seeks to deal with Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission consults Member States on proposal to amend Temporary Crisis Framework* The European Commission has sent to Member States for consultation a draft proposal to adjust the State aid Temporary Crisis Framework, initially adopted on 23 March 2022 to support the economy in the (...)

Procedures

The Latvian Competition Authority changes the procedure for the calculation of fines for infringements of competition law
Latvian Competition Council (Riga)
Changes to the procedure for determining fines applicable by the CC* On August 26, 29.03.2016. amendments to the Cabinet of Ministers regulation No. 179 " Procedures for Determining a Fine for the Infringements Provided for in Section 11, Paragraph One, Sections 13 and 14.1 of the Competition (...)

The German Federal Court of Justice opens the door to collective action claims in cartel cases (financialright)
Hausfeld (Berlin)
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Hausfeld (Berlin)
With its recent decision in the financialright case the highest German civil court, the Federal Court of Justice (Bundesgerichtshof, “BGH”), clarified that the bundling of claims through an assignment to a legal service provider, the so-called assignment model, is allowed under German law. The (...)

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

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

Regulatory

The Dutch Competition Authority suggests amendments to the proposed Data Act in order to promote competition among cloud providers
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM: amendments to Data Act necessary for promoting competition among cloud providers* A market study of the Netherlands Authority for Consumers and Markets (ACM) shows that it is hard for users of cloud services to switch providers. In addition, it is not easy for them to combine cloud (...)

The UK Government publishes new market guidance notes in relation to the National Security and Investment Act
Clifford Chance (London)
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Clifford Chance (London)
On 19 July 2022, the UK Department for Business, Energy & Industrial Strategy ("BEIS") published new market guidance notes in relation to the National Security and Investment Act 2021 (the "NSIA"). BEIS’ market guidance notes provide acquirers and their legal representatives with advice on (...)

The EU Parliament adopts the Digital Services Act and the Digital Markets Act, introducing new rules for tech companies and digital platforms
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On 05.07.2022, two legislative instruments of the new Digital Services Package, namely the Digital Services Act (“DSA”) and the Digital Markets Act (“DMA”), were adopted by the European Parliament. The new Regulations are going to have a great impact on the tech industry by setting clear standards (...)

The EU Parliament and Council reach a political agreement on the proposed new foreign subsidies regulation
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation). The FSR aims to redress the perceived regulatory gaps left by current (...)

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