Interim measures

General antitrust

The Belgian Parliament transposes the ECN+ Directive into the national legislation and introduces filing fees in concentration notifications
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Belgian Parliament a publishes law transposing the ECN+ Directive changing the Code of Economic Law and the Criminal Code
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Cambodian Parliament enacts its first law on competition
DFDL (Phnom Penh)
,
DFDL (Phnom Penh)
On 5 October 2021, the Law on Competition (No.NS/RKM/1021/013) (“Competition Law”) received royal assent on the basis that it should be promulgated urgently. This article will outline the regulatory regime created by the Competition Law, although many details are not yet clear pending appointment (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The UK Government launches a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
On 20 July 2021 the UK government launched a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes. As a result of Brexit the UK is now in a position to decide, independently from the EU Commission, how it promotes and (...)

The UK Government consults on proposals aimed at improving its competition regime and strengthening its Competition Authority post-COVID-19, including updates to merger review, investigation tools, interim measures, fines and more direct intervention in consumer protection Free
Hogan Lovells (London)
,
Hogan Lovells (London)
,
Associated British Foods (London)
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, could (...)

The UK Government consults on its ambitious reform of national competition policy, including on changes to allow the Government to play a more active role in shaping national competition policy and to increase the Competition Authority’s investigative and enforcement powers
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
On 20 July 2021, the UK Government launched its consultation on wide-ranging reforms to “bring [the UK’s] competition and consumer policies into the 21st century” [1] (the “Consultation”). While recognising that the UK’s competition regime “starts from a strong foundation” and “is internationally (...)

The French President enacts an ordinance finalising the transposition of the ECN+ Directive into national law to strengthen the powers of the national competition authorities and increase their effectiveness
Bird & Bird (Paris)
,
Huawei Technologies (Paris)
On 26 May this year, a presidential ordinance (the Ordinance) perfected the transposition into French law of the ECN+ European Directive of 11 December 2018, which aims to strengthen the powers of national competition authorities and increase their effectiveness. Several provisions of the (...)

The Slovak Parliament adopts the new competition law Act implementing the ECN+ directive and sets the date from when it would come into force
Čechová & Partners (Bratislava)
,
Čechová & Partners (Bratislava)
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive Free
Čechová & Partners (Bratislava)
,
Čechová & Partners (Bratislava)
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against two Big Tech companies (Facebook / WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
,
Čechová & Partners (Bratislava)
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force of (...)

Anticompetitive practices

The Hellenic Competition Authority imposes a fine on a publishing company for failure to comply with competition conditions (Argos)
Hellenic Competition Commission (Athens)
HCC Decision on a compliance* HCC Decision no. 746/2021 on the compliance of the company "ARGOS SA Press Distribution Agency" with condition II.3 of the HCC Decision no. 687/2019, pursuant to article 25 par. 5 of Greek Law 3959/2011. The plenary session of the Hellenic Competition Commission (...)

The Belgian Competition Authority imposes interim measures to remedy the disregard of competition rules applicable to the development of a standard for Cloud applications
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes interim measures to remedy the disregard of the competition rules applicable to the development of a standard for Cloud applications* The College of the Belgian Competition Authority has decided on 20 September 2022 that it is prima facie not (...)

The Australian Competition Authority green-lights temporary cooperation in the energy industry to address the crisis caused by the Russo-Ukrainian war
Australian Competition and Consumer Commission (Canberra)
Interim authorisation for energy industry co-operation to address crisis* The ACCC has granted interim authorisation for a range of measures allowing participants in the gas and electricity markets to work together to support Australia’s energy supply and systems during the current crisis. An (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The Turkish Competition Authority imposes a fine totalling EUR 173,8 million in the fields of retail food and cleaning products for a hub & spoke cartel involving resale price maintenance practices (Savola / A101 / Carrefour / Migros...) Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and cleaning (...)

The Australian Competition Authority grants an urgent interim authorisation permitting manufacturers of ‘AdBlue’ diesel exhaust fluid to collaborate on the supply of refined urea
Australian Competition and Consumer Commission (Canberra)
Industry allowed to collaborate on AdBlue supply arrangements* The ACCC has granted an urgent interim authorisation permitting manufacturers and other industry stakeholders to collaborate on arrangements for the supply of the diesel exhaust fluid, known as ‘AdBlue’ that is used in most modern (...)

The Australian Competition Authority grants interim authorization to medicine wholesalers to continue to cooperate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues Free
Australian Competition and Consumer Commission (Canberra)
Medicine wholesalers to continue to co-operate on COVID-19 response* The ACCC has granted interim authorization to medicine wholesalers to continue to co-operate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues. The new (...)

The Australian Competition Authority proposes to authorize a national union of commercial radio broadcasters to collectively bargain with two Big Tech companies (Commercial Radio Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise Commercial Radio Australia to collectively bargain with Google and Facebook* The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ (...)

The Spanish Commercial Court of Madrid makes an Article 267 reference to the EU Courts of Justice regarding the creation of a new exclusive football league comprising Europe’s top teams (ESLC / UEFA / FIFA)
Callol, Coca & Asociados (Madrid)
Twelve European football clubs signed on 17 April 2021 a framework agreement to form the European Super League (ESL). The ESL was announced as a major European football tournament in competition with the current UEFA Champions League. According to the Real Madrid president and one of the main (...)

The Australian Competition Authority grants an interim authorisation to a press association to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Country Press Australia members can collectively bargain with Google and Facebook* The ACCC has granted interim authorisation for Country Press Australia (CPA) members to collectively negotiate with Facebook and Google over payments to publishers for their news content that appears on the (...)

The French Competition Authority declines urgent interim measures but continues to investigate the abuse of a dominant position by a company in the electricity sector (Plum / EDF)
French Competition Authority (Paris)
After receiving a complaint from an electricity supplier, the Autorité de la concurrence has not issued urgent interim measures against EDF but continues its investigation into the merits of the case* The electricity supplier Plüm Energie, which offers the supply of electricity to local and (...)

The Munich Regional Court grants an injunction regarding an internet search cooperation between the Government and a Big Tech company as it constitutes a restriction on competition (Google / German Ministry of Health)
Herbert Smith Freehills (Dusseldorf)
,
Herbert Smith Freehills (Dusseldorf)
,
Herbert Smith Freehills (Brussels)
The Munich Regional Court has granted an injunction based on Article 101 TFEU against an arrangement between Google and the German Ministry of Health . The Ministry operates a national online platform (“Gesund.bund.de”) providing information on health, including a short description of common (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google / German Ministry of Health)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Australian Competition Authority proposes to authorise the national dairy farmers association licensing scheme (Fair Go Dairy)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise ’Fair Go Dairy’ licensing scheme* The ACCC is proposing to authorise the Queensland Dairyfarmers’ Organisation Limited’s (QDO) Fair Go Dairy licensing scheme for five years. Under the scheme, QDO will grant processors a licence to use the ‘Fair Go Dairy’ logo on (...)

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

The Dutch Competition Authority allows health insurers to distribute the additional costs of effects of the COVID-19 pandemic among each other Free
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)
French Competition Authority (Paris)
Purchasing offices: Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

The UK Competition Authority imposes interim measures while it prolongs due to COVID-19 pandemic its investigation of an updated agreement between major airlines on providing slots to other competitors on certain UK-US routes (Atlantic Joint Business Agreement) Free
United Kingdom’s Competition Authority (CMA) (London)
CMA acts to protect competition on UK-US airline routes* Due to coronavirus, the CMA has imposed measures to protect competition on UK-US air routes while it investigates an agreement involving BA and American Airlines. The next year will see the expiry of remedies in place under a set of (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during the COVID-19 pandemic Free
Hellenic Competition Commission (Athens)
The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic* Subject: Investigation by the Hellenic Competition Commission in the markets of a) healthcare materials, b) other appropriate means of individual or collective protection against the spread of (...)

The Australian Competition Authority authorizes oil companies to cooperate to secure fuel supplies during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Oil companies authorised to cooperate to secure fuel supplies during COVID-19* The Australian Institute of Petroleum (AIP) and major oil refiners have been granted authorisation by the ACCC to continue cooperating on measures to improve the security of fuel supplies during the COVID-19 (...)

The Australian Competition Authority authorises supermarkets to continue cooperating on COVID-19 response Free
Australian Competition and Consumer Commission (Canberra)
Supermarkets authorised to continue cooperating on COVID-19 response* Supermarket operators will be allowed to continue cooperating to ensure supply of food and groceries in response to the COVID-19 pandemic, under an ACCC authorisation granted today. Coles, Woolworths, Metcash, Aldi, and (...)

The Australian Competition Authority allows chicken processors to cooperate on Victorian chicken meat supply due to the COVID-19 pandemic (Ingham’s / Turosi / Hazeldene’s Chicken Farm / Australian Chicken Meat Federation) Free
Australian Competition and Consumer Commission (Canberra)
Processors authorised to cooperate on Victorian chicken meat supply* Ingham’s Group and other chicken processors will be allowed to work together to reduce the impact of the COVID-19 pandemic and associated Victorian stage 4 restrictions on the chicken meat industry, under an urgent interim (...)

The Hellenic Competition Authority implements a regulation authorising agreements and decisions on market stabilisation measures in the wine sector due to COVID-19 Free
Hellenic Competition Commission (Athens)
Commission Implementing Regulation in the wine sector* Commission Implementing Regulation authorising agreements and decisions on market stabilisation measures in the wine sector The European Commission adopted an additional package of exceptional measures to support the wine sector, (...)

The Australian Competition Authority proposes to allow supermarkets to continue cooperating on grocery supply during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to allow supermarkets to continue cooperating on grocery supply* Supermarket operators will be able to continue working together until March 2021 to ensure the continued supply of food and groceries during the COVID-19 pandemic, under the ACCC’s draft determination. “The ACCC (...)

The Swedish Competition Authority accepts commitments from a training company to limit its use of exclusive agreements with fitness studios and closes its investigations into another two companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition Authority (...)

The Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren)
Belgian Competition Authority (Brussels)
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian premium (...)

The Italian Competition Authority opens an investigation into an alleged anticompetitive agreement obstructing the procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Australian Competition Authority proposes to allow insurance companies and brokers to continue cooperation on COVID-19 temporary relief measures for certain small businesses Free
Australian Competition and Consumer Commission (Canberra)
Insurers to be authorised to continue relief measures for small businesses* The ACCC is proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses. The authorisation will apply to Suncorp, (...)

The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, and personal and domestic care products to small and medium retailers (Movimento Nós) Free
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Cade authorizes collaboration among Ambev, BRF, Coca-Cola, Mondelez, Nestlé and Pepsico due to the new coronavirus crisis* Exceptional measure aims to minimize the effects of the crisis due to the Covid-19 pandemic The Administrative Council for Economic Defense (Cade) recently decided to (...)

The Brazilian Competition Authority authorises competitor collaboration to assist the recovery of small retailers of beverages, food and personal and domestic care products against the economic effects of COVID-19 (Movimento Nós) Free
Caminati Bueno Advogados (São Paulo)
,
Caminati Bueno Advogados (São Paulo)
,
Caminati Bueno Advogados (São Paulo)
In an Extraordinary Judgment Session held on May 28th, the Tribunal of the Brazilian Antitrust Authority (Cade) ratified a decision of its General Superintendence and authorized a collaboration among a group of companies (including competitors) - Ambev, BRF, Coca-Cola, Mondelez, Nestlé and (...)

The Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and a common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to the COVID-19 pandemic Free
Italian Competition Authority (Rome)
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The Portuguese Competition Authority imposes on the national football league a precautionary measure to suspend its no-poaching agreement, invoking issues caused by the COVID-19 pandemic (Portuguese Professional Football League) Free
Portuguese Competition Authority (Lisbon)
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another clubs’ (...)

The Australian Competition Authority grants three-month exemptions to financial services providers who are required to share product reference data by a set date, due to the impact of the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
TEMPORARY EXEMPTIONS UNDER CONSUMER DATA RIGHT* Three-month exemptions have been granted to financial services providers required to share product reference data by 1 July 2020, due to the impact of the COVID-19 pandemic. The temporary exemptions under the Consumer Data Right, until 1 (...)

The Australian Competition Authority grants conditional interim authorisation to two supermarket undertakings to cooperate on their store opening times in light of the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
7-ELEVEN AND FRANCHISEES AUTHORISED TO CO-OPERATE ON STORE OPENING TIMES* 7-Eleven and its franchisees have been granted conditional interim authorisation to discuss potential temporary store closures or reduced trading hours in light of reduced customer demand because of COVID-19 (...)

The Australian Competition Authority grants interim authorisation for mining companies to cooperate with members of the minerals council to work together in order to manage critical services and supplies as a response to the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
MINING COMPANIES ALLOWED TO CO-OPERATE DURING COVID-19 PANDEMIC* Members of the Minerals Council of Australia (MCA) and other mining associations will be able to work together to manage critical services and supplies during the COVID 19 pandemic, after the ACCC granted interim authorisation (...)

The Australian Competition Authority grants interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the current COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
RETAILERS GRANTED AUTHORISATION TO COLLECTIVELY NEGOTIATE WITH LANDLORDS* The ACCC has granted interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the COVID-19 pandemic. The interim authorisation, granted to the Australian Retailers (...)

The Australian Competition Authority grants conditional interim authorisation for medicine manufacturers to coordinate on COVID-19 response Free
Australian Competition and Consumer Commission (Canberra)
Medicine manufacturers to coordinate on COVID-19 response* The ACCC has granted conditional interim authorisation for Medicines Australia (MA), the Generic and Biosimilar Medicines Association (GBMA) and their members to work together to support the continued supply of essential medicines (...)

The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion of COVID-19 to consumers residing in Europe (ContextLogic / Wish) Free
Italian Competition Authority (Rome)
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

The UK Government temporarily suspends competition law to allow ferry operators to the Isle of Wight to cooperate on routes and flow of goods during the COVID-19 outbreak Free
United Kingdom’s Competition Authority (CMA) (London)
Government to suspend competition law to support Isle of Wight ferry routes* Competition law to be temporarily suspended to allow ferry operators to maintain a crucial lifeline between the island and the mainland. Business Secretary to waive competition law for vital Isle of Wight crossings (...)

The French Competition Authority fines a Big Tech company a record €1 billion and its wholesalers €139 million for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)
Luiss Guido Carli University (Rome)
,
Bird & Bird (Rome)
On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

The Belgian Competition Authority imposes interim measures on a billiards game association following a complaint raised on its anticompetitive rules (Belgian Bumper Pool Association)
University of Leiden - Europa Institute (Leiden)
In a decision of 24 January 2020, the Competition College of the Belgian Competition Authority imposed an interim measure on the Belgian Bumper Pool Association (Belgian Golf Billiards League, BGB) concerning the balls that may be played with in competitions and matches organised by the BGB or (...)

The Paris Commercial Court grants interim measures to a large food retailer by requiring that one of its suppliers of non-alcoholic beverages resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
,
BCTG Avocats (Paris)
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, the (...)

The Swedish Competition Authority issues a preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions in its (...)

The Chinese State Administration for Market Regulation publishes a draft to incentivise whistleblowing and reward measures for complaints against significant illegal conduct in the regulation field
Hogan Lovells (Beijing)
,
Hogan Lovells (Hong Kong)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
,
KPN (Amsterdam)
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and escalators-cartel (...)

The Latvian Competition Authority imposes interim measures suspending concession agreements concluded between a municipality and two waste management companies (Riga Municipality / Getliņi EKO / Tīrīga)
Latvian Competition Council (Riga)
The Competition Council adopts a decision imposing interim measures regarding waste management in Riga* On September 9th the Competition Council of Latvia (the CC) adopted a decision imposing interim measures on Riga Municipality and the limited liability company owned by it – SIA Getliņi (...)

The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)
French Competition Authority (Paris)
Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

The Hellenic Competition Authority imposes interim measures in the aluminium industry for anticompetitive behavior (Elmin Bauxites / Mytilineos)
Kyriakides Georgopoulos (Athens)
EX OFFICIO INTERIM MEASURES MYTILINEOS S.A. VS ELMIN BAUXITES S.A. (HCC 690/2019) I. After a long period during which the HCC did not view favorably applications for interim measures, interim measures were imposed on 28.06.2019 ex officio by the HCC, in the context of a highprofile case (...)

The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)
French Competition Authority (Paris)
Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, hereinafter (...)

Unilateral Practices

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 French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in which (...)

The Ankara Regional Administrative Court partially annuls a decision by the Competition Authority which imposed restrictive interim measures on an e-commerce platform for alleged abusive self-preferencing conduct (Trendyol)
ACTECON (Istanbul)
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest (...)

The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
,
Hausfeld (Amsterdam)
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after Apple (...)

The French Competition Authority submits for public consultation the proposed commitments of a major Big Tech company (Google)
French Competition Authority (Paris)
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
United Kingdom’s Competition Authority (CMA) (London)
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and Google (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
,
Hausfeld (London)
,
Hausfeld (London)
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third party data to achieve self-preferencing (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and handling (...)

The French Competition Authority fines a Big Tech search engine €500M for failing to comply with multiple injunctions which sought to protect online publishers from abuses of dominance (Google)
French Competition Authority (Paris)
Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance with several injunctions* Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance (...)

The Swedish Competition Authority finds that a data collector’s refusal to supply data constitutes an abuse of dominance and imposes a temporary obligation to continue to deliver data on the housing market to a company in charge of the national housing price index (Svensk Mäklarstatistik)
Swedish Competition Authority (Stockholm)
Svensk Mäklarstatistik must continue to deliver data on the housing market* The Swedish Competition Authority is imposing a temporary obligation on Svensk Mäklarstatistik to continue to deliver data on residential transactions in Sweden to the company Valueguard Index Sweden, including the right (...)

The French Competition Authority rejects a TV broadcaster’s complaint against the national football league’s awarding of broadcasting rights due to insufficient evidence (Canal Plus / Ligue de Football Professionnel)
French Competition Authority (Paris)
Reawarding of the football Ligue 1’s TV rights: The Autorité de la concurrence rejects Canal + Group’s complaint against the LFP, for lack of sufficient evidence* Background On 29 January 2021, Canal Plus Group ("GCP") referred practices allegedly implemented by the Ligue de Football (...)

The Indian Competition Authority launches an investigation against a baseball federation and grants a rare interim injunction against the federation restraining its members’ participation in "not recognized" sports events (Confederation of Professional Baseball Softball Clubs / Amateur Baseball Federation of India)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The CCI considered at prima facie stage allegations by the Confederation of Professional Baseball Softball Clubs (CPBSC) that the Amateur Baseball Federation of India (ABFI) had abused its dominant position by prohibiting State Baseball Associations from dealing with bodies and leagues not (...)

The Indian Gujarat High Court grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (Mumbai)
The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The French Competition Authority rejects the implementation of interim measures but continues to investigate a Big Tech company’s alleged abuse of a dominant position (Apple)
University Paris-Panthéon-Assas
On 23 October 2020, several associations representing various players of the online advertising sector filed a complaint before the French Competition Authority, alleging that Apple abused its dominance on the application distribution market for IOS devices by imposing on app developers (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agency market (MMT-Go / Treebo / FabHotels)
Khaitan (New Delhi)
,
Khaitan (New Delhi)
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
Economic Laws Practice (New Delhi)
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information against (...)

The Indian Competition Authority grants an interim order against online travel agencies alleged to have engaged in anti-competitive practices (MMT-Go / Treebo / FabHotels)
Gujarat National Law University (Gandhinagar)
1. Introduction On 9th March 2021, India’s fair trade regulator, the Competition Commission of India (‘CCI’) granted Interim Relief to the parties seeking it, Treebo and FabHotels. They had been delisted from the platform of India’s most popular Online Travel Agency (‘OTA’), MakeMyTrip (‘MMT-Go’). (...)

The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé) Free
Ecole de Formation du barreau (Paris)
,
Bonn & Schmitt (Luxembourg)
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

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

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

The Belgian Competition Authority rules that a national football association’s conditions to obtain a professional license are prima facie incompatible with competition law and orders interim measures (Virton / RBFA)
University of Liège
,
Corporate Tribunal (Lège)
On 19 November 2020, the Belgian Competition Authority (“BCA”) ordered interim measures against the Royal Belgian Football Association (“RBFA”) following a request filed by the professional football club Royal Excelsior Virton (“RE Virton”). The BCA considered that the RBFA’s refusal to grant a (...)

The Paris Court of Appeal confirms the Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Addleshaw Goddard (Paris)
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
,
Free University of Brussels (ULB)
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for TV (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Giannino SI (Monserrato)
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the granting (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The German Federal Court of Justice overturns the Dusseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The French Competition Authority imposes interim measures against a search engine suspected of abusing its dominance by infringing the law relating to neighboring rights (Google)
French Competition Authority (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

The French Competition Authority issues interim measures requiring a Big Tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google)
Van Bael & Bellis (Brussels)
On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

The French Competition Authority imposes interim measures on a Big Tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated with the use of their content based on transparent, objective, and non-discriminatory criteria (Google)
Vaillant Group (Paris)
,
Bird & Bird (Paris)
On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

The French Competition Authority imposes interim measures on a dominant Big Tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
DLA Piper (Brussels)
,
Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The Belgian Competition Authority imposes interim measures against a sports association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority rejects a request for interim measures against a dominant telecoms company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)
French Competition Authority (Paris)
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

The French Competition Authority rules that a Big Tech firm had abused its dominant position in the French market for search advertising through its auction-based advertising system (Google)
Hausfeld (London)
,
Hausfeld (London)
,
Hausfeld (London)
Introduction On 20 December 2019, the French Competition Authority (Autorité de la Concurrence) (the “Authority”) announced its finding that Google had abused its dominant position in the French market for search advertising through the operating rules applied by Google Ads (previously known as (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The EU Commission imposes interim measures on a tech company in the design, development and supply of semiconductors (Broadcom)
Bird & Bird (Brussels)
,
Strelia (Brussels)
On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

The EU Commission imposes interim measures for the first time in 18 years making the company cease and desist until the end of the investigation (Broadcom)
Baker Botts (Brussels)
,
Baker Botts (Brussels)
For the first time in 18 years, the European Commission (“Commission”) has imposed interim measures on a company, ordering it to cease and desist certain practices pending the outcome of its antitrust investigation (or for a period of 3 years if the investigation is not concluded earlier). The (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

The EU Commission imposes interim measures on a chipmaking company suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
,
Orrick, Herrington & Sutcliffe (Paris)
On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, which (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
European Commission (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Basic-Fit (Hoofddorp)
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Brussels)
,
Arnold & Porter Kaye Scholer (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The EU Commission imposes interim measures on a technology company to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position (Broadcom)
Leiden University - Faculty of Governance and Global Affairs
Introduction On 16 October 2019, the European Commission imposed interim measures on Broadcom to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position. On 7 October 2020, the Commission accepted commitments offered by Broadcom regarding (...)

The EU Commission imposes interim measures on a major supplier of integrated circuits for communications devices to prevent damage to competition in the TV set-top boxes and modems market (Broadcom)
Free University of Brussels (ULB)
,
Ashurst (Brussels)
On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)
French Competition Authority (Paris)
Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

The EU Commission opens an investigation into semiconductor company for exclusionary conduct and uses interim powers for the first time in two decades (Broadcom)
Callol, Coca & Asociados (Madrid)
The European Commission has announced that it has opened an investigation against Broadcom in connection with various practices such as between Broadcom products and other products. The case follows precedents in the microchips market, particularly echoing the investigation against Intel which (...)

The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)
Dechert (Brussels)
,
Dechert (Brussels)
,
Dechert (Brussels)
Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)

The EU Commission seeks interim measures for the first time in 18 years (Broadcom)
Hogan Lovells (London)
,
Jones Day (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 June 2019, the European Commission announced that it has opened a formal investigation to determine whether US chipmaker, Broadcom, is abusing its (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In parallel, (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
European Commission (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Basic-Fit (Hoofddorp)
The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

The Belgian Markets Court rejects an appeal lodged by an undertaking against the Competition Authority’s decision to reject its request for interim measures decision and explains limits of its jurisdiction (The Great Circle)
Van Bael & Bellis (Brussels)
On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)

The Belgian Competition Authority refuses to impose an interim measure on a meteorological institute accused of abuse of dominance in the market for meteorological data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has refused to impose an interim measure on the Royal Meteorological Institute as requested by The Great Circle* The Competition College of the Belgian Competition Authority (BCA) has refused on 15 February 2019 to impose an interim measure on the Belgian (...)

The French Competition Authority imposes interim measures on a Big Tech company following a complaint alleging abuse of its dominant position on the online search advertising market (Amadeus / Google)
Bird & Bird (Paris)
,
Vaillant Group (Paris)
On January 31st 2019, the French Competition Authority (“the FCA”) imposed interim measures on Google following a complaint lodged in May 2018 by Amadeus (a company offering directory enquiry services) alleging that Google had abused its dominant position on the online search advertising market (...)

The French Competition Authority orders interim measures against a search engine company in the online advertising market (Amadeus / Google)
French Competition Authority (Paris)
Online advertising by directory enquiry services* The Autorité de la concurrence has ordered interim measures against Google. Google will need to quickly clarify the rules for its Google Ads online advertising platform that apply to electronic paid information services in order to make them (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring / Broadcast Partners)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT in (...)

The Belgian Competition Authority imposes interim measures on a manufacturer of lids for electricity meter boxes for possible abuse of dominance (ABB)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposes interim measures on ABB Industrial Solutions regarding lids for electricity meter boxes* On 3 September 2018, the Competition College of the Belgian Competition Authority (BCA) imposed interim measures, at the request of TECO NV, on ABB Industrial (...)

The Egyptian Competition Authority orders interim measures against a football organization which granted exclusive rights in absence of fair, or transparent or non-discriminatory tendering procedures (FIFA)
Egyptian Competition Authority (Cairo)
The ECA orders interim measures against the FIFA to make available on free-to-air terrestrial channels the 2018 World Cup Russia* The ECA has ordered interim measures against FIFA based on prima facie finding of infringements to articles 7 and 8 of the Egyptian competition law as it was (...)

The Belgian Competition Authority fines equestrian competition organizers for lack of implementation of provisional measures (Fédération Equestre Internationale / GCT / GCL)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed penalty payments on the FEI, the SPRL Global Champions League and the SPRL Tops Trading Belgium* The Competition College of the BCA has imposed on 13 April 2018 penalty payments on the Fédération Equestre Internationale, the SPRL Global Champions League (...)

The German Supreme Court issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
,
Jones Day (Brussels)
,
Jones Day (Frankfurt)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. _ The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

Mergers

The Indian Competition Authority fines a renewable energy firm a nominal sum for gun jumping in a first-of-its-kind decision (Adani Green / SB Energy)
Khaitan (Mumbai)
,
Khaitan (Mumbai)
In its order dated 9 March 2022, the Competition Commission of India (“CCI”) penalized Adani Green Energy Limited (“Adani Green”) for gun jumping in connection with its acquisition of S.B. Energy Holding Limited (“SB Energy” / “Target”). Per the CCI, the central issue was of Adani Green gaining access (...)

The Canadian Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers* Court grants Commissioner’s appeal following Tribunal decision which concluded the contrary The Commissioner of Competition welcomes a recent ruling from the Federal Court of Appeal (FCA) (...)

The Canadian Federal Court rules en banc that the national Competition Authority is able to seek a temporary pause on a merger whilst the interim pause is debated in court (Secure / Tevita)
Fasken Martineau (Toronto)
,
Fasken Martineau (Toronto)
Canada’s Competition Tribunal has jurisdiction to grant “interim interim” relief in the contested merger context* As discussed in our prior blog post titled “Competition Tribunal Dismisses Request for Interim Interim Order”, the Competition Tribunal (the “Tribunal”) previously found that it does (...)

The UK Competition Authority updates its interim measures guidelines
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
On December 21, 2021, the CMA updated its guidance on interim measures in merger investigations and the initial enforcement order template. Interim measures take three forms, which depend on the stage of the investigation and whether they are imposed on the merging parties or agreed between (...)

The Brazilian Competition Authority allows a European shipping company to exercise some corporate control over a national logistics company while the Authority considers its proposed acquisition (SAS Shipping Agencies Services / Log-In Logística Intermodal)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE allows SAS to exercise some corporate control over the business affairs of Log-In until the case is adjudicated* The authorization ensures the reversibility of the transaction and the competitive conditions of the affected markets On 15 December 2021, the Administrative Council for (...)

The EU Commission investigates a merger between two genomics companies (Illumina / GRAIL)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
The EC’s review of Illumina’s acquisition of GRAIL raises two novel issues: the assertion of jurisdiction by the EC over transactions that do not meet any national or EU jurisdictional merger control tests, and the use of interim measures to stop parties closing a transaction where the EC has (...)

The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

The EU Commission adopts interim measures to prevent harm to competition following a merger between biological and pharmaceutical companies (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Mergers: Commission adopts interim measures to prevent harm to competition following Illumina’s early acquisition of GRAIL* The European Commission has adopted interim measures to restore and maintain the conditions of effective competition following Illumina’s early acquisition of GRAIL, which (...)

The EU Commission imposes interim measures on two healthcare companies for breaching the EU Merger Regulation by gun jumping (Illumina / GRAIL)
Arnold & Porter Kaye Scholer (Brussels)
,
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
In October 2021, the European Commission imposed interim measures on Illumina and GRAIL to restore and maintain competition between the entities following Illumina’s decision to close its acquisition of GRAIL prior to the Commission completing its review of the transaction and in breach of the (...)

The UK Competition Authority announces its decision to impose a record-breaking fine of £50.5M on a Big Tech company for multiple and serious breaches of an Interim Enforcement Order imposed as part of the Authority’s investigation into the company’s complete acquisition of an online provider of GIFs (Facebook / Giphy)
Van Bael & Bellis (London)
On 20 October 2021, the UK’s Competition and Markets Authority (“CMA”) announced its decision to impose a record-breaking fine of £ 50.5 million on Facebook, for multiple (and serious) breaches of an Interim Enforcement Order (“IEO”) imposed as part of the CMA’s investigation into the tech company’s (...)

The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

The EU Commission announces interim measures following a breach of the standstill obligation between two healthcare companies specialized in genomic sequencing (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Mergers: The Commission adopts a Statement of Objections in view of adopting interim measures following Illumina’s early acquisition of GRAIL* The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the interim measures it intends to adopt following (...)

The EU Commission issues a Statement of Objections pursuing interim measures on two pharmaceutical companies for the alleged violation of the standstill obligation (Illumina / GRAIL)
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (Brussels)
The Illumina/GRAIL case saga continues. As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s ("Commission") new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger (...)

The Slovak Parliament adopts the Act on Protection of Competition which contains rules on merger control Free
Čechová & Partners (Bratislava)
,
Čechová & Partners (Bratislava)
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The UK Competition Authority provisionally blocks a merger between equity crowdfunding platforms leading them to abandon the transaction (Crowdcube / Seedrs)
United Kingdom’s Competition Authority (CMA) (London)
Crowdcube and Seedrs abandon merger during CMA investigation* Crowdcube and Seedrs have abandoned their proposed tie-up after the CMA provisionally blocked the deal. The Competition and Markets Authority (CMA) therefore intends to cancel its investigation into the potential competition (...)

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

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

The UK Competition Appeal Tribunal upholds the Competition Authority’s suspension of a merger between a social media company and an online graphics database company pending an ongoing investigation (Facebook / Giphy)
United Kingdom’s Competition Authority (CMA) (London)
CMA welcomes Tribunal judgment in Facebook and Giphy case* The CMA welcomes today’s Competition Appeal Tribunal judgment which dismissed all of Facebook’s grounds of appeal. The Competition and Markets Authority (CMA) is currently investigating Facebook’s purchase of Giphy, which completed on 15 (...)

The EFTA Surveillance Authority renews decision requiring disclosure of net short positions of 0.1% and above during the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
ESA renews decision requiring disclosure of net short positions of 0.1% and above* The EFTA Surveillance Authority (ESA) has renewed its decision to temporarily require holders of net short positions in shares traded on a regulated market of the EEA EFTA States to notify the relevant national (...)

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The UK Competition Authority publishes guidance on its approach to merger control during the COVID-19 pandemic Free
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

The UK Competition Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the COVID-19 pandemic Free
Morgan Lewis (London)
,
Morgan Lewis (London)
,
Morgan Lewis (London)
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to (...)

The UK Competition Authority publishes its guidance on merger assessments during the COVID-19 pandemic Free
Norton Rose Fulbright (Brussels)
,
Latham & Watkins (Brussels)
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to accept (...)

The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 an (...)

The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
European Commission (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Basic-Fit (Hoofddorp)
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)

The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Telenet / Orange Belgium / Proximus)
Strelia (Brussels)
,
Bird & Bird (Brussels)
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

The Canadian Commissioner of Competition files an application with the Competition Tribunal challenging the acquisition by an undertaking of a primary grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Davies Ward Phillips & Vineberg (Toronto)
HE KNOWS WHEN YOU’VE BEEN NAUGHTY: CANADA’S COMPETITION COMMISSIONER DELIVERS LUMPS OF COAL TO MERGING PARTIES* In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent (...)

The UK Competition Authority imposes its largest fine for a single breach of an interim enforcement order in a merger (PayPal / iZettle)
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
On 24 September 2019 the UK Competition and Markets Authority (CMA) imposed its largest ever fine for a single breach of an interim enforcement order (IEO) on Paypal, in the context of its acquisition of iZettle. IEOs are now routinely imposed in almost all completed mergers investigated by (...)

The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would exceed (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (Brussels)
On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s consent (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing applications (...)

The UK Competition Authority fines a company for breach of an interim order during a merger review (Electro Rent)
Van Bael & Bellis (Brussels)
On 11 June 2018, the CMA fined Electro Rent £100,000 for breaching an Interim Order imposed in relation to Electro Rent’s acquisition of Microlease. According to the CMA, Electro Rent had failed to obtain the CMA’s consent prior to serving a notice of termination on the lease of its only premises (...)

State Aid

The EFTA Surveillance Authority approves temporary Norwegian rules on asset depreciation due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves temporary Norwegian rules on asset depreciation* The EFTA Surveillance Authority (ESA) has today approved a measure by the Norwegian government to stimulate liquidity for businesses by allowing an increased initial depreciation rate for investments in assets (...)

The EU Court of Justice dismisses an appeal by the beneficiary of an aid concluding that the preferential electricity tariff constituted incompatible State aid (Mytilinaios)
Maastricht University
A PREFERENTIAL ELECTRICITY TARIFF SELECTIVE, CONFERS AND ADVANTAGE AND DISTORTS COMPETITION* Introduction On 11 December 2019, in case C‑332/18 P, Mytilinaios Anonymos Etairia — Omilos Epicheiriseon v European Commission, the Court of Justice probably wrote the last chapter in a long-running (...)

The Spanish Supreme Court upholds an appeal against a ruling which denied interim measures whilst the EU Commission investigated suspected illegal State aid (Astra Ibérica)
Judicial Ethics Commission (Madrid)
The Supreme Court upheld the cassation appeal against an order of the National Court that denied interim measures due to the obligations that derive for national judges from the initiation of a procedure by the European Commission concerning State aid. Background & facts of the case The (...)

The Spanish Supreme Court suspends the procedure for the implementation of digital terrestrial television whilst the European Commission examines the legality and the compatibility of its state aid with the internal market
Judicial Ethics Commission (Madrid)
The Supreme Court suspends the judicial procedure twice, taking into account the initiation by the European Union of the procedure provided for in art. 108.2 of the TFEU, to determine the eventual incompatibility of the National Transition Plan of DTT with the legality of the Union. Background (...)

The EU Court of Justice puts an end to proceedings concerning a measure of support for the development of digital television in a region of Spain (Cellnex)
Arendt & Medernach (Luxembourg)
By judgment on April 26, 2018, the Court of Justice put an end to proceedings concerning a measure of support for the development of digital television in a region of Spain with a low level of urbanisation. As a result of this judgment, the development in question cannot be considered a SGEI (...)

The Spanish High Court of Justice for Valencia revokes a temporary suspension granted against a State aid recovery decision (Institut Valencià de Finances / Hércules de Alicante Club de Futbol)
Judicial Ethics Commission (Madrid)
Valencia High Court of Justice revokes the interim measure of suspension granted by a Court of First Instance against a regional recovery decision based on a decision of the European Commission appealed to the General Court and from which the interim suspension had also been requested. (...)

The EU General Court reverses the suspension of the recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)
Gómez-Acebo & Pombo (Brussels)
,
European Commission (Brussels)
,
Basic-Fit (Hoofddorp)
On 15 October 2014, the Commission found that Spanish tax breaks for indirect shareholding in foreign companies breached EU State Aid rules. The measures were in force since 2001 and, in practical terms, allowed companies subject to tax in Spain to purchase shareholding of at least 5% in (...)

Procedures

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
,
Ashurst (London)
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (Trucks Cartel)
Hausfeld (London)
,
Hausfeld (London)
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The EU Court of Justice clarifies the extent of whether a document containing sensitive personal information requested as part of an RFI is relevant for an investigation by ordering interim measures in a Court order (Facebook)
Clifford Chance (Brussels)
Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?* The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case (...)

The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until a specific virtual data room procedure is set up (Facebook)
Van Bael & Bellis (Brussels)
On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s commercial (...)

The EU General Court President issues two orders for interim measures on personal data gathered in EU antitrust probes against a major social media platform (Facebook)
Cleary Gottlieb Steen & Hamilton (Milan)
,
Clifford Chance (Brussels)
In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to produce a (...)

The German Competition Authority announces modifications to the German Competition Act due to COVID-19 are coming into force Free
German Competition Authority (Bonn)
Modifications to German Competition Act (GWB) due to COVID-19 come into force* Due to the current COVID-19 pandemic modifications to the German Competition Act (GWB), which will come into force on Friday 29 May 2020, have been announced today in the German Federal Law Gazette. The (...)

The French Competition Authority announces the reinstatement of certain statutory limits as some of the public health measures put in place during the pandemic are lifted Free
French Competition Authority (Paris)
Gradual lifting of the state of health emergency in France: re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting out (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data-gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
,
Ashurst (London)
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Hunton Andrews Kurth (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Frankfurt)
,
White & Case (Dusseldorf)
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance by a major social network (Facebook)
Baker Botts (London)
,
Baker Botts (Washington)
,
Baker Botts (Brussels)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)
Bird & Bird (Dusseldorf)
On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. Facebook had (...)

The Higher Regional Court of Düsseldorf orders the suspensive effect of an appeal against the German Competition Authority’s decision concerning a social network company (Facebook)
Van Bael & Bellis (Brussels)
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its dominant (...)

Regulatory

The Belgian Government sees the act transposing the ECN+ Directive and introducing several other amendments to competition law and the criminal code enter into force
Ashurst (Brussels)
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing several other amendments to Belgian Competition law (ie, Book IV of the Code on Economic Law) and the Belgian Criminal Code entered into force. Key takeaways The ECN+ Directive aims to empower EU National (...)

The UK Government announces a series of proposed reforms to competition law enforcement aiming to produce a “best in class” competition regime to allow the UK to exploit post-Brexit opportunities
Hogan Lovells (London)
,
Hogan Lovells (London)
,
Hogan Lovells (London)
In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are to produce a “best in class” competition regime to allow the UK to (...)

The Slovak Parliament passes an expansive Competition Act that expands upon the ECN+ Directive
Čechová & Partners (Bratislava)
,
Čechová & Partners (Bratislava)
The implementation of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, the (...)

The EU Commission proposes a regulation to tackle competition issues with large online platforms in digital markets
Cruz Vilaça Advogados (Lisbon)
The European Commission’s proposal for a Digital Markets Act (DMA) is a step forward in ensuring swift intervention in the digital sector, but flexibility is key. Competition law enforcement takes too long The Commission has heavily fined large technology companies for breach of competition (...)

The UK Competition Authority publishes report setting out recommendations which the Government could implement to regulate technology firms in a way that promotes competition in digital markets
Hausfeld (London)
,
Ashurst (London)
,
Hausfeld (London)
In December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...)

The EFTA Surveillance Authority prolongs its recommendation for quicker conformity assessments regarding personal protective equipment and proposes derogations from standard market-approval procedures for medical equipment during the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
ESA prolongs a recommendation to prevent delays and ease market access for protective equipment and medical gear* The EFTA Surveillance Authority (ESA) has today decided to amend and prolong its Recommendation on conformity assessment and market surveillance procedures , in order to continue (...)

The UK Competition Authority reaches its final price control determination on a dispute between the aviation regulator and air traffic control service provider without taking into account the effects of COVID-19 until they are more definitely known (Civil Aviation Authority / NERL) Free
United Kingdom’s Competition Authority (CMA) (London)
CMA final decision on air traffic control charges* The CMA has sent the CAA its final price control determination on a dispute between the aviation regulator and NERL regarding air traffic control charges. The Competition and Markets Authority (CMA) has acted as the independent body charged (...)

The French Government issues interim rules on certain foreign investments in response to COVID-19 Free
Skadden, Arps, Slate, Meagher & Flom (Paris)
,
Skadden, Arps, Slate, Meagher & Flom (Paris)
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European (...)

The French Government temporarily reduces the threshold for review of non-EU/EEA investments in French listed companies in the context of the COVID-19 pandemic Free
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Paris)
,
Cleary Gottlieb Steen & Hamilton (Paris)
On July 23, 2020, the French Government published a Decree and a Ministerial Order to temporarily reduce the threshold for review of nonEU/EEA investments in French listed companies in the context of the COVID-19 pandemic. As explained by the French Minister for the Economy, “[w]hile most (...)

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry Free
German Competition Authority (Bonn)
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The US FTC supports new provisions by the US centers for medicare & medicaid services aimed at reducing or eliminating restrictive Medicare payment requirements for telehealth and related services during the COVID-19 pandemic Free
US Federal Trade Commission (FTC) (Washington)
FTC Comment Supports Provisions in Centers for Medicare & Medicaid Services’ Interim Final Rule that Reduce or Eliminate Restrictive Medicare Payment Requirements for Telehealth and Related Services during Pandemic* The staffs of the Federal Trade Commission’s Office of Policy Planning, (...)

The Australian Competition Authority revokes interim authorisation for car rental companies to jointly negotiate with cairns airport due to COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Interim authorisation for car rental companies revoked due to COVID-19* The ACCC has revoked an interim authorisation due to the change in market conditions caused by the COVID-19 pandemic. The ACCC granted the interim authorisation in February to five major car rental companies to jointly (...)

The Australian Competition Authority allows electricity and gas companies to co-operate to provide financial relief to residential and business customers who may be financially impacted by the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Electricity and gas companies to co-operate on relief package* The ACCC has granted conditional interim authorisation to allow the Australian Energy Council and wholesale and retail energy businesses to co-operate to provide financial relief to residential and business customers who may be (...)

The Australian Competition Authority grants 17 interim authorizations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 pandemic Free
Bird & Bird (Sydney)
,
Bird & Bird (Sydney)
In recent weeks, the Australia Competition and Consumer Commission ("ACCC") has acted swiftly and granted 17 interim authorisations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 pandemic. (...)

The Australian Competition Authority grants new interim authorisation for an expanded range of measures allowing participants in the gas and electricity markets to work together to help safeguard Australia’s energy supply during the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
EXPANDED CO-OPERATION FOR ENERGY SECTOR DURING PANDEMIC* The ACCC has granted new interim authorisation for an expanded range of measures allowing participants in the gas and electricity markets to work together to help safeguard Australia’s energy supply during the COVID-19 pandemic. On April (...)

The Australian Competition Authority allows both public and private hospital operators in Northern Territory and Souther Australia to work with each other and relevant health agencies during the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
PRIVATE AND PUBLIC HOSPITALS IN NT AND SA AUTHORISED TO COOPERATE ON COVID-19 RESPONSE* Private hospitals and health agencies in the Northern Territory and South Australia respectively will be able to cooperate in responding to the COVID-19 pandemic, following separate interim authorisations (...)

The Australian Competition Authority grants interim authorization allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to COVID-19 exposure Free
Australian Competition and Consumer Commission (Canberra)
CO-ORDINATION ON LIFE INSURANCE FOR FRONTLINE WORKERS DURING PANDEMIC* The ACCC has granted interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to potential or actual exposure to COVID-19. The interim (...)

The Australian Competition Authority grants interim authorization after receiving an application lodged by private health insurers to provide financial relief to policyholders during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
PRIVATE HEALTH INSURERS TO COOPERATE ON COVID-19 COVERAGE AND DEFERRAL OF PREMIUMS* Private health insurers have been granted conditional interim authorisation to co-ordinate on providing financial relief to policy holders during the COVID-19 pandemic, and broadening insurance coverage to (...)

The Australian Competition Authority authorizes private hospitals in Victoria and Queensland to cooperate with their state health agencies, public hospitals, and each other during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Private and public hospitals to cooperate on COVID-19 in Victoria and Queensland* The ACCC has separately authorised private hospitals in Victoria and in Queensland to cooperate with their state health agencies, public hospitals and each other, as they prepare for and respond to the COVID-19 (...)

The Australian Competition Authority grants interim authorisation to allow gas and electricity industry participants to cooperate on measures during COVID-19 crisis (AEMO) Free
Australian Competition and Consumer Commission (Canberra)
Co-operation to support reliable energy sector authorised* The ACCC has granted interim authorisation to the Australian Energy Market Operator Limited (AEMO) to allow gas and electricity industry participants to co-operate on measures to ensure secure and reliable energy supply and integrity (...)

The Australian Competition Authority allows oil-companies to cooperate to secure fuel supply during COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Oil companies allowed to co-operate to secure fuel supply during COVID-19 pandemic* Major oil refiners and the Australian Institute of Petroleum (AIP), the industry’s representative body, have been granted interim authorisation by the ACCC to discuss and put in place measures so fuel supplies (...)

The Australian Competition Authority authorises shopping centers owners and managers to discuss and implement rent relief measures for small to medium shopping center tenants during COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Shopping centres to co-operate to support retail tenants* Shopping centre owners and managers have been granted interim authorisation to discuss and implement rent relief measures for small to medium shopping centre tenants facing hardship because of the COVID-19 pandemic. This follows an (...)

The Australian Competition Authority authorizes medicine wholesalers to cooperate and to facilitate the distribution of essential medication and pharmacy products during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Medicine wholesalers to co-operate on access to pharmaceutical products* Wholesalers of medicines will be able to co-operate to facilitate distribution of essential medication and pharmacy products after being granted interim authorisation by the ACCC. This follows an application by the (...)

The Australian Competition Authority provides an interim authorisation for the Australian Banking Association and banks in order to cooperate on loan relief and services during COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Banks authorised to co-operate on loan relief and services* The ACCC has provided a second, conditional, interim authorisation for the Australian Banking Association (ABA) and banks to co-operate to provide supplementary relief packages for individuals and businesses affected by COVID-19. The (...)

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector
Vaillant Group (Paris)
As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly Law
Dacheng - Dentons (Beijing)
,
Dacheng - Dentons (Shanghai)
On 2 January 2020, the State Administration for Market Regulation of China (“SAMR”) released a draft of the proposed amendment to the Anti-Monopoly Law of China (“Draft Amendment”) to solicit public comments from different sectors of society. It indicates that after twelve years, at the beginning (...)

The Chinese State Administration of Market Regulation posts a draft of the Interim Measures on Rewards for Complaints against Significant Illegal Conduct in the market regulation field
Hogan Lovells (Beijing)
COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA?* As the number of leniency applications is down globally and competition authorities are struggling to find alternative sources of supply for antitrust complaints, China has circulated a draft rule to financially incentivise employee (...)

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
On 7 October 2019, the German Federal Ministry for Economic Affairs and Energy published the draft bill of the so-called digitization law which partly serves to implement the “ECN Plus” Directive into German law. According to the new Sec. 19a ARC the German Federal Cartel Office ("FCO") may (...)

The UK Digital Competition Expert Panel releases its report setting out its proposed changes for effective regulation of the digital economy
Freshfields Bruckhaus Deringer (London)
,
Freshfields Bruckhaus Deringer (London)
,
Freshfields Bruckhaus Deringer (London)
On 13 March 2019, the UK’s Digital Competition Expert Panel, led by advisor to former US President Barack Obama, Professor Jason Furman, released its report setting out its proposed changes for effective regulation of the digital economy (the Report). UK Chancellor, Phillip Hammond, who (...)

The Belgian Competition Authority imposes interim measures in a public procurement procedure in the broadcasting transmission market (Norkring / Broadcast Partners)
Bird & Bird (Brussels)
,
Strelia (Brussels)
,
Bird & Bird (Brussels)
This decision of 22 January 2019 is the next step in an eventful public procurement procedure and it confirms the preference of the Belgian Competition Authority ("BCA") to tackle cases via interim measures. Norkring has a service agreement to transmit the FM broadcasts of VRT that runs until (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues