Cooperation between National Competition Authorities

General antitrust

The US FTC and DoJ collaborate with G7 Competition Authorities to discuss competition law enforcement in digital markets
US Federal Trade Commission (FTC) (Washington)
FTC, DOJ Meet with G7 Enforcement Partners to Discuss Competition in Digital Markets* The Federal Trade Commission and Justice Department’s Antitrust Division participated in the G7 Competition Authorities and Policymakers’ Summit today to discuss how members are addressing competition (...)

The French Competition Authority welcomes the G7 Competition Authorities’ joint statement on the application of competition law in the digital economy
Autorité de la concurrence (Paris)
The Autorité de la concurrence participates in the work of the G7 on digital competition, chaired this year by Japan. The creation of this working group is the result of an initiative by the French presidency of the G7 in 2019 to bring together the G7 competition authorities around the issues (...)

The G7 Competition Authorities publish an update to the compendium of approaches to improving competition in digital markets
Canadian Competition Bureau (Gatineau)
Competition Bureau participates in G7 Summit on promoting competitive digital markets* Canada’s Commissioner of Competition, Matthew Boswell, attended the G7 Competition Authorities and Policymakers’ Summit today to discuss competition in digital markets and emerging technologies, such as (...)

The Italian Competition Authority meets with their G7 counterparts to address the challenges of competition policy in the digital age, especially those relating to artificial intelligence
Italian Competition Authority (Rome)
ICA: The Authority takes part in the work of the G7 Competition in Japan and sets the stage for the next edition in Rome* The competition authorities of Canada, France, Germany, Japan, Italy, the United Kingdom, the United States of America and the EU Commission met in Tokyo. AGCM President (...)

The Japanese Competition Authority meets with the G7 Competition Authorities to discuss enforcers’ priorities, challenges, and approaches to competition law enforcement in digital markets
Japan Fair Trade Commission (Tokyo)
Results of the G7 Joint Competition Enforcers and Policymakers Summit* The Japan Fair Trade Commission (JFTC), in cooperation with the Secretariat of Headquarters for Digital Market Competition of the Cabinet Secretariat (HDMC), held the G7 Joint Competition Enforcers and Policy Makers (...)

The G7 Competition Authorities adopt joint statement on the importance of competition in the digital sector, focusing especially on generative AI, blockchain and the metaverse Free
German Competition Authority (Bonn)
G7 competition summit in Tokyo: Policy makers and enforcers adopt declaration on competition in the digital sector, focusing especially on artificial intelligence* At today’s G7 Joint Competition Policy Makers & Enforcers Summit, representatives of the G7 member states (Canada, France, (...)

The New Zealand Competition Authority and other national competition, consumer protection, and economic regulators across the Pacific region form a new international network to promote competitive markets (PINCCER)
New Zealand Commerce Commission (Wellington)
Competition, consumer and economic regulatory authorities form network to promote well-functioning markets in the Pacific* The Commerce Commission has joined competition, consumer protection, and economic regulators from across the Pacific to share intelligence, investigative techniques, and (...)

The New Caledonian Competition Authority welcomes the creation of a collaborative network to promote competitive functioning of markets in the Pacific region (PINCCER) Free
New Caledonia Competition Authority (Noumea)
Pacific competition authorities create collaborative network to promote competitive functioning of markets* Competition and consumer protection authorities in the Pacific plan to collaborate more closely in the future by sharing market data, investigative techniques and authorities’ best (...)

The Australian Competition Authority and its counterpart competition, consumer protection, and economic regulators from across the Pacific form a new international network to promote competitive markets (PINCCER) Free
Australian Competition and Consumer Commission (Canberra)
*New international network formed to promote competitive markets in the Pacific The ACCC and its counterpart competition, consumer protection, and economic regulators from across the Pacific will share information, investigative techniques, and authority best practice, in a newly formed (...)

The Dutch Competition Authority launches a market study into the functioning of the domestic savings market
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM launches market study into the functioning of the Dutch savings market* The Netherlands Authority for Consumers and Markets (ACM) has launched a broad market study into the functioning of the Dutch savings market. Consumers that put money aside benefit from savings account rates that are (...)

The Croatian and Georgian Competition Authorities sign a memorandum of cooperation
Croatian Competition Agency (Zagreb)
CCA and Georgian competition authority sign a Memorandum of Cooperation* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)

The UK Competition Authority launches an investigation into the cloud services market
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition Authority launches market investigation into cloud services Following the UK Office of Communications’ (Ofcom’s) report on the supply of cloud services in the United Kingdom, in which it identified a concern that certain market features may negatively impact competition, (...)

The COMESA Competition Authority signs a memorandum of understanding with the UN Economic and Social Commission for Western Asia to enable exchange of information relating to competition policy and enforcement
COMESA (Lusaka)
THE COMESA COMPETITION COMMISSION SIGNS A MEMORANDUM OF UNDERSTANDING WITH THE UNITED NATIONS ECONOMIC AND SOCIAL COMMISSION FOR WESTERN ASIA (UN-ESCWA)* On 27 August 2023, the COMESA Competition Commission (“CCC”) signed a Memorandum of Understanding (‘MoU’) with the United Nations Economic (...)

The US DoJ announces the launch of a joint initiative to deter, detect, and prosecute collusive schemes related to the provision of goods and services in connection with the 2026 FIFA World Cup
US Department of Justice (Washington)
United States, Mexico, and Canada Launch Joint Initiative to Detect Collusive Schemes Seeking to Exploit the 2026 FIFA World Cup* The Justice Department announced today, alongside its partners from Mexico’s Federal Economic Competition Commission (COFECE) and Canada’s Competition Bureau, the (...)

The Canadian Competition Authority partners with the US DoJ and Mexican Competition Authority to deter anticompetitive conduct leading to the 2026 FIFA World Cup
Canadian Competition Bureau (Gatineau)
Competition Bureau partners with the United States and Mexico to deter anti-competitive conduct leading to 2026 FIFA World Cup* News release The Competition Bureau, alongside the U.S. Department of Justice Antitrust Division and the Federal Economic Competition Commission of Mexico, (...)

The US DoJ, Canadian Competition Authority, and Mexican Competition Authority announce a joint initiative to deter, detect and prosecute collusive schemes related to the provision of goods and services in connection with the 2026 FIFA World Cup
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On September 22, 2023, the United States Department of Justice (“DOJ”), Federal Economic Competition Commission of Mexico (“COFECE”), and Competition Bureau Canada (“CCB”) announced a joint initiative “to deter, detect and prosecute collusive schemes related to the provision of goods and (...)

The Mexican Competition Authority announces the launch of a joint initiative to deter, detect, and prosecute possible anti-competitive conduct by businesses and individuals involved in the provision of goods and services related to the 2026 FIFA World Cup
Mexican Competition Authority (Mexico City)
Cofece Launches Joint Initiative with Partners from the United States and Canada within the framework of the 2026 FIFA World Cup* Mexico City, September 22, 2023.- The Federal Economic Competition Commission (COFECE) announced today, alongside its partners from the US Department of Justice (...)

The Saudi Arabian Competition Authority secures government authorisation to collaborate with their Kuwaiti counterpart on merger control
GLA & Company (Kuwait)
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GLA & Company (Kuwait)
The Saudi Council of Ministers has announced, during its session held on September 19, 2023, the authorization of the Chairman of the Board of Directors of the General Authority for Competition – or his representative – to engage in discussions with the Kuwaiti side regarding a draft (...)

The Malaysian Competition Authority and the Communications and Multimedia Commission signal an interest in fostering stronger collaboration to tackle anticompetitive behaviours
Wong Partners (Kuala Lumpur)
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Wong Partners (Kuala Lumpur)
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Wong Partners (Kuala Lumpur)
In brief In an effort to strengthen the working relationship and collaborative efforts of the Malaysia Competition Commission (MyCC) and the Malaysian Communications and Multimedia Commission (MCMC), both regulators have signed a Memorandum of Understanding on 3 August 2023 (MoU) in light of (...)

The COMESA Competition Authority holds a meeting with African Regional Economic Communities’ Competition Authorities to discuss collaboration on competition and consumer protection initiatives in the region
COMESA (Lusaka)
COLLABORATION BETWEEN THE COMESA COMPETITION COMMISSION AND REGIONAL ECONOMIC COMMUNITIES’ COMPETITION AUTHORITIES* On 26-27 July 2023, the COMESA Competition Commission (CCC), the Economic and Monetary Community of Central Africa (CEMAC) Competition Commission, the East African Community (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Janssen de Jong)
European Court of Human Rights (Strasbourg)
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Burando / Port Invest)
European Court of Human Rights (Strasbourg)
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Ships Waste Oil Collector)
European Court of Human Rights (Strasbourg)
Ships Waste Oil Collector B.V. v. the Netherlands (no. 2799/16) The applicant company, Ships Waste Oil Collector B.V., is a company based in the Netherlands involved in the collection of waste liquids from ships in the Rotterdam region. The case concerns the transmission of data, lawfully (...)

The Latvian Competition Authority signs a cooperation memorandum with European competition authorities to promote regional cooperation and enforcement
Latvian Competition Council (Riga)
Competition Council signs the Memorandum on regional cooperation with ten Eastern European and Baltic countries* On 18 April, the Competition Council of Latvia (the CC) undertook to promote regional cooperation on competition policy and enforcement by signing a Cooperation Memorandum with (...)

The Hungarian Competition Authority and nine other competition authorities sign a memorandum to strengthen regional cooperation
Hungarian Competition Authority (Budapest)
Competition authorities of the region strengthen their cooperation* 18 April 2023, Budapest – The Hungarian Competition Authority and nine further competition authorities from the region signed a Memorandum of Understanding (MoU) in Warsaw to strengthen their partnership in the field of (...)

The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue
US Department of Justice (Washington)
Justice Department, Federal Trade Commission and European Commission Hold Third U.S.-EU Joint Technology Competition Policy Dialogue* The Justice Department’s Antitrust Division Assistant Attorney General Jonathan Kanter, Federal Trade Commission (FTC) Chair Lina M. Khan, and Executive Vice (...)

The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
Latin America has emerged as a major growth market for the tech sector and digital markets, particularly in the tech hotbeds of Brazil, Chile, Colombia, and Mexico. While digital markets have been in the crosshairs of the US Department of Justice (DOJ) for quite some time, Latin American (...)

The Japanese Competition Authority publishes a market study report on mobile operating systems and mobile app distribution
Japan Fair Trade Commission (Tokyo)
Market Study Report on Mobile OS and Mobile App Distribution* 1. Purpose While the worldwide spread of COVID-19 has caused major restrictions on people’s lives and economic activities, the digitalization of the economy has progressed further. Services essential to people’s lives, such as (...)

The COMESA Competition Authority publishes the Joint Statement of the African Heads of Competition Authorities Dialogue on the regulation of digital markets
COMESA (Lusaka)
Joint Statement of the African Heads of Competition Authorities Dialogue on Regulation of Digital Markets* On February 18th, 2022, the Heads of Competition Authorities of Egypt (Egyptian Competition Authority); Kenya (Kenyan Competition Authority); Mauritius (Competition Commission of (...)

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

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

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

The US DoJ joins with the FTC and Latin American Competition Authorities to scrutinise environmental, social, and governance initiatives which may violate competition law
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
Climate change has shifted investor focus to how companies incorporate ESG factors into their business strategy. Certain antitrust authorities, governments, and academics have discussed relaxing competition laws to grant exemptions from competition law to support sustainability and to (...)

The South African Competition Authority and the Egyptian Competition Authority join forces to strengthen anti-monopoly competition laws
South African Competition Commission (Pretoria)
South African and Egyptian Competition Authorities join forces to strengthen anti-monopoly competition laws* The Competition Commission South Africa this morning, 31 August 2022, signed a Memorandum of Understanding (MoU) with the Egyptian Competition Authority to establish a general (...)

The Latvian Parliament strengthens the Competition Authority’s independence with amendments to the Competition Law
Latvian Competition Council (Riga)
The Saeima strengthens the independence of the Competition Council with amendments to the Competition Law* On June 9, the Parliament (Saeima) made amendments to the Competition Law aimed at strengthening the Competition Council (CC), providing the necessary guarantees of independence, (...)

The UK Government publishes its proposals for a new pro-competition regime in digital markets
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 6 May 2022 the UK government published its response to the July 2021 consultation on a new pro-competition regime for digital markets (see our blog post here), setting out its proposals for the design of a new regime to proactively shape the behaviour of the most powerful technology firms (...)

The UK Competition Authority publishes its annual concurrency report outlining inter-agency cooperation throughout the year
UK Competition & Markets Authority - CMA (London)
Regulators promote competition across sectors in 2021 to 2022* The CMA’s Annual Concurrency Report shows how competition authorities have helped deliver benefits to households in 2021 to 2022 in the regulated sectors. Competition law in the UK is enforced by the Competition and Markets (...)

The Croatian Competition Authority and the Financial Services Supervisory Agency sign a memorandum of agreement for cooperation on sustainable competition policy
Croatian Competition Agency (Zagreb)
Croatian Financial Services Supervisory Agency and Croatian Competition Agency sign a memorandum of agreement* The parties committed themselves to cooperation in the area of competition in the financial services market including the capital market, the insurance market, the pension insurance (...)

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

The EU Commission issues Guidance on FDI from Russia and Belarus and calls for greater scrutiny due to increased risk of harm to security or public order
Herbert Smith Freehills (New York)
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Herbert Smith Freehills (Brussels)
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Mayer Brown (London)
On 6 April 2022, the European Commission (“Commission”) issued Guidance to Member States on how to screen foreign direct investment (“FDI”) from Russia and Belarus into the EU, in light of the ongoing military conflict in Ukraine (“FDI Guidance”). Following Russia’s unjustified attack (...)

The European Competition Network issues a joint statement on the application of competition law in the context of the war in Ukraine
European Commission - DG COMP (Brussels)
Joint statement by the European Competition Network (ECN) on the application of competition law in the context of the war in Ukraine* The Competition and Consumer Protection Commission (CCPC) is a member of the European Competition Network (ECN). This is a network of 27 competition (...)

The European Competition Network issues a joint statement on the application of competition law in the context of the war in Ukraine
Allen & Overy (Brussels)
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McDermott Will & Emery (Brussels)
On March 21 2022, the European Competition Network (ECN), the network of authorities comprising the European Commission, the EFTA Surveillance Authority and the national competition authorities of all EU Member States (NCAs), issued a joint statement on the application of competition law in (...)

The European Competition Network issues a policy statement that permits "necessary and temporary" cooperation to address disruptions caused by the conflict in Ukraine
Jones Day (Brussels)
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Jones Day (Amsterdam)
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Jones Day (Brussels)
The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related sanctions. The ECN is a working group of competition authorities in (...)

The European Competition Network considers that companies may need to cooperate to mitigate the effects of the Russo-Ukrainian war and the EU Commission adopts a Temporary Crisis Framework permitting more State aid
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Russian invasion of Ukraine prompts ECN guidance on application of EU competition rules and European Commission’s adoption of State aid crisis framework The Russian invasion of Ukraine on 24 February 2022 has prompted European competition enforcers to reassess the application of the EU (...)

The EFTA Surveillance Authority and the European Competition Network issue a joint statement on the application of competition rules in the context of Russia’s invasion of Ukraine
EFTA Surveillance Authority (Brussels)
Joint statement from the European Competition Network on applying competition law in the context of the Russian invasion of Ukraine* Today the EFTA Surveillance Authority (ESA), the European Commission, and the EU/EEA national competition authorities issued a joint statement providing (...)

The Middle East and North Africa Competition Authorities launch the Arab Competition Network
Allen & Overy (Washington)
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Davis Polk (Brussels)
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Akin Gump Strauss Hauer & Feld (London)
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Middle East and North Africa Competition Authorities launch the Arab Competition Network Enhanced cooperation among antitrust regulatory authorities in the (...)

The UK Competition Authority launches an investigation into suspected anti-competitive conduct involving vehicle manufacturers in relation to the recycling of old or written-off vehicles
UK Competition & Markets Authority - CMA (London)
CMA launches investigation into recycling of cars and vans The CMA has launched an investigation into suspected anti-competitive conduct in relation to the recycling of old or written-off vehicles The Competition and Markets Authority (CMA) has reason to suspect anti-competitive behaviour (...)

The US DoJ and Department of Labor release a Memorandum of Understanding to strengthen and coordinate enforcement efforts in labor markets
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury) released a report titled “The State of Labor Market Competition,” and (...)

The OECD suspends Russia and Belarus from participating in its activities as a sanction for Russia’s military aggression against Ukraine
Lithuanian Competition Authority (Vilnius)
OECD suspends participation of Russia and Belarus in organisation‘s activities* On March 8 the Organisation for Economic Co-operation and Development (OECD) decided to suspend the participation of Russia and Belarus in all OECD bodies, including the meetings of the OECD Competition (...)

The Slovak Competition Authority releases a statement of support for the suspension of the Russian Federation in international cooperation in the field of competition protection
Slovak Competition Authority (Bratislava)
In connection with events in Ukraine, ICN Chair suspended the participation of the Russian Federation in international cooperation in the field of competition protection* AMO SR supports the ICN Chair´s decision. The International Competition Network (ICN) represents a global platform for (...)

The Lithuanian, Latvian, Estonian, and Polish competition authorities jointly urge the OECD and UNCTAD to exclude Russian Government and individual experts from future events as a sanction for the country’s military aggression against Ukraine
Lithuanian Competition Authority (Vilnius)
Joint statements to OECD and UNCTAD by Lithuanian, Latvian, Estonian, Polish Competition Authorities in support of Ukraine* We, the heads of the Lithuanian, Estonian, Latvian and Polish Competition Authorities, support the condemnation by our national governments of Russia‘s open large-scale (...)

The International Competition Network suspends the Russian Competition Authority’s participation in its activities in an effort to condemn the state’s act of aggression against Ukraine
International Competition Network (ICN)
ICN Chair’s Statement – Current events in Ukraine* The International Competition Network (ICN) is a network of 140 competition authorities from 130 jurisdictions. The ICN was founded to facilitate cooperation and convergence between authorities worldwide. Russia’s competition authority, the (...)

The Lithuanian, Latvian, and Estonian Competition Authorities jointly urge the International Competition Network to exclude Russian Government and individual experts from future events as a sanction for the country’s military aggression against Ukraine
Estonian Competition Authority (Tallinn)
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Lithuanian Competition Authority (Vilnius)
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Latvian Competition Council (Riga)
JOINT STATEMENT BY LITHUANIAN, LATVIAN, ESTONIAN COMPETITION AUTHORITIES IN SUPPORT OF UKRAINE* We, the heads of the Lithuanian, Estonian and Latvian Competition Authorities, support the condemnation by our national governments of Russia‘s open large-scale aggression against an independent, (...)

The Cypriot Parliament enacts a new competition framework that enhances the Competition Authority’s regulatory powers and transposes the ECN+ Directive into national legislation
Antoniou McCollum & Co. (Nicosia)
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Antoniou McCollum & Co. (Nicosia)
Cyprus has enacted a new competition framework, which introduces additional powers for the Cyprus Commission for the Protection of Competition (the CPC). The new legislation consolidates previous statutes regulating collusive conduct, abuses of dominance and abuses of relationships of (...)

The Canadian Competition Authority joins the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focused on sharing information to identify and prevent potentially anticompetitive conduct in the global supply and distribution of goods
Canadian Competition Bureau (Gatineau)
International working group targets potential collusion by competitors in supply and distribution of goods* The Competition Bureau has joined the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focussed on sharing (...)

The Spanish Competition Authority hosts an ICN event to discuss the role of competition policy for economic recovery, digitisation, and sustainability
Spanish Competition Authority (CNMC) (Madrid)
International Competition Network (ICN) Competition Advocacy Working Group Meeting hosted by the CNMC* The event held on 9 and 10 February featured 50 speakers from competition agencies around the world and was attended by participants from more than 65 countries. The sessions involved debates (...)

The US Treasury Department releases a report with recommendations for how the Tobacco Tax and Trade Bureau, the FTC, and the DoJ can help drive competition in the beer, wine, and spirits markets
McDermott Will & Emery (Washington)
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On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up (...)

The Czech Competition Authority discusses future cooperation and effective investigation of cartel agreements with the Slovak and Hungarian competition authorities
Czech Competition Authority (Brno)
The Chairman of the office discussed future cooperation and effective investigation of cartel agreements with the Slovak and Hungarian competition authorities* Petr Mlsna, the Chairman of the Office for the Protection of Competition (hereinafter referred to as “the Office”), made a working (...)

The International Competition Network publishes findings of its research among members on competition law enforcement at the intersection between competition, consumer protection, and privacy
International Competition Network (ICN)
ICN Steering Group Project – Competition law enforcement at the intersection between competition, consumer protection, and privacy* Task 1: Issues identification Introduction This paper identifies for competition agencies relevant issues at the intersection between competition, consumer (...)

The Latvian Government approves competition law amendments that strengthen the Competition Authority’s independence and enforcement powers
Latvian Competition Council (Riga)
The independence of the Competition Council will be strengthened* At its meeting on 14 December 2021, the Cabinet of Ministers approved amendments to the Competition Law (hereinafter - the draft law) with the aim of strengthening the Competition Council (hereinafter - the CC), providing the (...)

The Lithuanian Competition Authority identifies four priority sectors for its antitrust monitoring, enforcement, and advocacy actions
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority identifies four priority sectors* In the strategic plan 2022 the Lithuanian Konkurencijos taryba has identified four priority sectors. The authority is planning to monitor more closely competition restrictions in the labour market, health sector (including (...)

The Croatian Competition Authority and the national regulator for network industries re-sign a cooperation agreement undertaking to focus particularly on telecommunications, postal and railway services and digital markets
Croatian Competition Agency (Zagreb)
Hakom and CCA re-sign the cooperation agreement* With the view to facilitating the cooperation in the area of competition policy, particularly in the area of telecommunications, postal and railway services and digital markets, the president of the Competition Council Mirta Kapural, PhD and (...)

The Hungarian Competition Authority joins forces with umbrella organisations representing domestic municipalities to tackle anti-competitive behaviours
Hungarian Competition Authority (Budapest)
The GVH and the Hungarian Association of Cities with County Rights join forces for fair competition* 7 December 2021, Budapest – The Hungarian Competition Authority (GVH) and the Hungarian Association of Cities with County Rights (MJVSZ) have concluded a cooperation agreement. The GVH and (...)

The EU Commission launches an EU-US Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in the technology sector
European Commission - DG COMP (Brussels)
Competition: EU-US launch Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in technology sector* Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the Assistant (...)

The US FTC, US DoJ and the EU Commission issue a joint statement on the launch of the EU-US Joint Technology Competition Policy Dialogue
US Federal Trade Commission (FTC) (Washington)
Joint Statement from FTC, DOJ Antitrust Division, and European Commission Leadership on Launch of EU-US Joint Technology Competition Policy Dialogue* Leadership of the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the Directorate-General for Competition (...)

The Italian Government adopts legislation aimed at harmonising the tools and powers at the disposal of the competition authorities of the Member States and empowering them to be more effective enforcers
Bocconi University (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
Italy has just enacted the Legislative Decree implementing the ECN Plus Directive so providing the Italian Competition Authority (ICA) with increased enforcement powers. The following sections provide a first overview of the main novelties which include sanctions to natural persons for breach (...)

The US DOJ and FTC meet with fellow G7 enforcement partners on competition in digital markets to explore how competition agencies are approaching the challenges posed by digital markets
US Department of Justice (Washington)
Justice Department and Federal Trade Commission Meet with Fellow G7 Enforcement Partners on Competition in Digital Markets* Today, Assistant Attorney General Jonathan Kanter of the Department of Justice Antitrust Division and Federal Trade Commission (FTC) Chair Lina M. Khan participated in (...)

The EU Commission adopts revised State aid rules on important projects of common European interest
European Commission - DG COMP (Brussels)
State aid: Commission adopts revised State aid rules on Important Projects of Common European Interest* The European Commission has adopted a revised Communication on State aid rules for Important Projects of Common European Interest (‘IPCEI Communication’). The revised IPCEI Communication (...)

The EU Commission adopts revised guidance setting out the criteria to assess Important Projects of Common European Interest under EU State aid rules
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
In Short The Situation: The European Commission ("Commission") has adopted revised guidance setting out the criteria to assess Important Projects of Common European Interest ("IPCEI") under EU State aid rules ("Communication"). The Background: IPCEIs are cross-border projects that overcome (...)

The OECD Competition Committee approves the Hungarian Competition Authority’s 2022 programme for the Regional Centre for Competition in Budapest
Hungarian Competition Authority (Budapest)
The Competition Committee of the OECD has approved the 2022 programme of the OECD-GVH Regional Centre for Competition* 23 November 2021, Budapest – The President of the Hungarian Competition Authority (GVH) presented the next year’s programme plans for the regional centre for competition, (...)

The US FTC adopts a policy statement outlining its criminal antitrust enforcement efforts and its plans to reinforce inter-agency collaboration and transparency
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime stemming from consumer protection and criminal antitrust misconduct. The (...)

The EU Commission adopts a work programme for 2022 including a review of competition policy
American Chamber of Commerce to the EU
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Jones Day (Brussels)
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Jones Day (Brussels)
On 19 October 2021, the Commission adopted its Work Programme for 2022 of key initiatives for the coming year and how these will be concretely pursued, particularly towards promoting a greener, more resilient, and digital post-COVID-19 Europe. The Work Programme contains 42 new initiatives (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
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White & Case (Brussels)
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White & Case (Brussels)
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The US FTC withdraws its new vertical merger guidelines after just a year
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
In September 2021, the five-member Federal Trade Commission voted 3-2 along party lines to withdraw its support for the Vertical Merger Guidelines (“Guidelines”) and related FTC commentary on vertical merger enforcement. At the same time—indeed, only hours later on the same day—the acting head (...)

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

The European Competition Network publishes a joint position paper on how national competition authorities can strengthen the Digital Markets Act
Van Bael & Bellis (Brussels)
On 22 June 2021, the heads of the national competition authorities (“NCAs”) published a joint position paper entitled How national competition authorities can strengthen the DMA (“NCA Paper”). The NCA Paper argues that NCAs are well placed to assist the European Commission (“Commission”) – and (...)

The European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act* The European Competition Network (ECN) publishes a joint paper of the heads of the national competition authorities (NCAs) of the (...)

The Finnish Competition Authority announces updates to the National Competition Act based on the ECN+ Directive, including changes to the monitoring of competition restraints and sanctions imposed for infringements
Finnish Competition and Consumer Authority (Helsinki)
Changes to monitoring competition restraints and sanctions imposed for infringements – amendments to the Competition Act will enter into force on 24 June 2021* Amendments that apply to the assessment of the penalty payments imposed for infringements have been made to the Competition Act. At (...)

The Russian Competition Authority, along with other BRICS countries, launches an investigation of the pharmaceutical market
Russian Federal Antimonopoly Service (Moscow)
The FAS Russia together with the BRICS countries will start a full-scale research of the pharmaceutical market this year* This and other topics were discussed by representatives of the competition authorities of the countries of the international association. The FAS Russia was represented (...)

The German, French, and Dutch Competition Authorities publish a "non-paper" containing several proposals to improve the Digital Markets Act
Stryker (Brussels)
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Macfarlanes (Brussels)
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Bird & Bird (Brussels)
The interest of National Competition Authorities (“NCAs”) in playing a prominent role in the enforcement of the Digital Markets Act (“DMA”) is not new. Back in May 2021, the German, French and Dutch competition authorities published a “non-paper” entitled “Friends of an effective Digital (...)

The Spanish Parliament amends the Competition Act to implement the ECN+ Directive
Jones Day (Madrid)
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Jones Day (Madrid)
In Short Background: European Parliament and Council Directive (EU) 2019/1 ("ECN+") required EU Member States to adopt, by February 4, 2021, minimum standards related to national competition authority ("NCA") antitrust enforcement. ECN+ aims to promote cooperation among NCAs and the (...)

The Italian Government welcomes legislative proposals on competition law reform
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 25 April 2021, the Italian Government submitted its Recovery and Resilience National Plan ("PNRR") to the national Parliament, which included proposals on competition law reform by the Italian Competition Authority ("ICA"). Key takeaways Reforming competition law is among the priorities (...)

The UK Competition Authority publishes an updated version of its Digital Markets Strategy
Ashurst (London)
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Ashurst (London)
On 9 February 2021, the UK Competition and Markets Authority ("CMA") published a ’refresh’ of its Digital Markets Strategy, which was first published in July 2019. The updated strategy takes into account recent policy developments, including the forthcoming launch of the Digital Markets Unit (...)

The Dutch Competition Authority confirms more leeway for environmental sustainability initiatives following its revised guidelines
KPN (Amsterdam)
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Bird & Bird (The Hague)
On 26 January 2021 the Dutch competition authority (ACM) published its revised draft sustainability guidelines (revised draft guidelines) which set out its approach to assessing the compatibility of sustainability initiatives with competition law. In addition, the ACM also published, in (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions on competition law enforcement and cooperation
Van Bael & Bellis (London)
The Trade Cooperation Agreement (the “TCA”) includes various provisions regulating EU and UK competition law enforcement and cooperation, which became effective as of 1 January 2021. Competition law and merger control The TCA provides for a mutual commitment from the UK and the EU to (...)

The EU Commission reaches an agreement with the United Kingdom on the terms of their future cooperation after the Brexit
Portolano Cavallo (Milan)
On DECEMBER 24, 2020, the European Commission reached an agreement with the United Kingdom on the terms of its future cooperation with the European Union. The EU-UK Trade and Cooperation Agreement (TCA), provisionally applicable as of January 1, 2021, rests on three main pillars, which are (...)

The EU Commission and the UK Government agree on a Trade and Cooperation Agreement that has consequences on competition law post-Brexit
University of Paris I Panthéon-Sorbonne
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Ashurst (London)
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Ashurst (London)
The UK officially left the European Union (EU) at 11:00 pm on 31 January 2020. However, as part of the Withdrawal Agreement with the EU to help the UK transition away from EU membership, EU law continued to apply to the UK as if it were still a Member State until the end of 31 December 2020. (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions on competition law
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
Following Brexit, EU competition law continued to apply in the United Kingdom until 31 December 2020 as part of an agreed Transition Period. In this LawFlash, we summarise how the end of the Transition Period is likely to impact the enforcement of competition law in the United Kingdom going (...)

The Hong Kong Competition Authority signs a memorandum of understanding with the Philippines Competition Authority to strengthen cooperation in the advancement of competition law and policy
Hong Kong Competition Commission (Hong Kong)
Competition Commission signs MoU with Philippine Competition Commission to strengthen cooperation in the advancement of competition law and policy* The Competition Commission (Commission) signed a Memorandum of Understanding (MoU) with the Philippine Competition Commission (PCC) today to (...)

The Swedish Government strengthens the Competition Authority’s powers to impose fines for anti-competitive behaviour, conduct unannounced inspections, and the right to decide on fines for companies that refuse to participate in the Authority’s investigations
Swedish Competition Authority (Stockholm)
Strengthened powers for the Swedish Competition Authority* The Swedish government has presented a bill with proposals that strengthen the powers of the Swedish Competition Authority in the area of competition. The proposals include decision-making powers to impose fines for (...)

The Australian Competition Authority Chairman announces in his annual address that the Authority is closely watching global antitrust efforts focusing on the major digital platforms
Australian Competition and Consumer Commission (Canberra)
Global focus on competition and digital platforms* The ACCC is closely watching global anti-trust efforts focusing on major digital platforms, including the US Department of Justice’s recent case against Google and proposed new competition laws in Europe, ACCC Chair Rod Sims said today. In (...)

The Jersey Competition Authority highlights the value of competition in the Channel Island telecoms sector in the latest annual report
Jersey Competition Authority (Saint Helier)
Value of competition in the Channel Island telecoms sector highlighted in latest annual report* The telecoms sectors in Guernsey and Jersey generated over £170m in turnover, employed more than 800 people and contributed in excess of £21m in tax revenues in 2019, according to the latest (...)

The EU Commission calls for contributions on the fundamental question of how competition rules and sustainability policies interact with each other, and what can be done better
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Sustainability issues are increasingly high on the list of competition policy priorities both at the European Union and member state levels. The European Commission (EC) and national competition authorities are actively rethinking how competition policy can better support the transition to (...)

The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool
Van Bael & Bellis (Brussels)
Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 (...)

The Hungarian Competition Authority signs cooperation agreement with the Ministry of Justice
Hungarian Competition Authority (Budapest)
The Hungarian Ministry of Justice and the Competition Authority cooperate for fair competition* The Hungarian Ministry of Justice (IM) and the Hungarian Competition Authority (GVH) have signed a cooperation agreement. The cooperation will facilitate the professional work of the two (...)

The Nordic Competition Authorities publish a joint memorandum setting out their perspective on competition in digital markets
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 28 September 2020, the competition authorities of Sweden, Denmark, Finland, Norway and Iceland issued a joint memorandum setting out their perspective on competition in digital markets (the “Joint Memorandum”). As previously reported in this newsletter (see, VBB on Competition Law, Volume (...)

The Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy
Swedish Competition Authority (Stockholm)
Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy* As a contribution to the debate on competition enforcement in the digital era and future rules for digital platforms, the Nordic competition authorities are today publishing a (...)

The Nordic Competition Authorities release a joint memorandum on digital platforms and the future of European policy on issues of competition in digital markets
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
In order to contribute to the ongoing policy discussion on the challenges following the rise of digital technologies, the Nordic competition authorities have published a memorandum entitled “Digital platforms and the potential changes to competition law at the European level”. The aim of the (...)

The International Competition Network addresses enforcement and policy challenges of the digital economy conference co-hosted with the US DoJ and FTC
US Federal Trade Commission (FTC) (Washington)
International Competition Network Addresses Enforcement and Policy Challenges of the Digital Economy at United States-Hosted 19th Annual Conference The International Competition Network held its 19th annual conference on Sept. 14-17, 2020. Co-hosted by the Federal Trade Commission and the (...)

The Finnish Competition Authority announces that all Nordic countries have joined the agreement on cooperation in competition cases
Finnish Competition and Consumer Authority (Helsinki)
All Nordic countries have now joined the Agreement on Cooperation in Competition Cases* In July 2020, Iceland joined the Nordic Agreement on Cooperation in Competition Cases. Denmark, Finland, Norway and Sweden had already joined the agreement. All Nordic countries are now parties to the (...)

The US DoJ signs antitrust cooperation framework with US FTC and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
US Department of Justice (Washington)
Assistant Attorney General Makan Delrahim Signs Antitrust Cooperation Framework With Australia, Canada, New Zealand, And United Kingdom* Multilateral Mutual Assistance and Cooperation Framework aims to boost international cooperation efforts Today, Assistant Attorney General Makan Delrahim (...)

The US FTC signs Multilateral Mutual Assistance and Cooperation Framework with US DOJ and competition authorities in Australia, Canada, New Zealand and the UK
US Federal Trade Commission (FTC) (Washington)
FTC Chairman Joseph J. Simons Signs Antitrust Cooperation Framework with Australia, Canada, New Zealand, and United Kingdom* Multilateral Mutual Assistance and Cooperation Framework seeks to improve cooperation in an increasingly global economy Today, Federal Trade Commission Chairman (...)

The New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK and US
New Zealand Commerce Commission (Wellington)
Commerce Commission signs multilateral framework enhancing international cooperation on competition enforcement* The Commerce Commission has signed a multilateral assistance and co-operation framework to enhance international cooperation on competition enforcement with the Australian (...)

The Canadian Competition Authority signs a competition enforcement framework with five foreign counterparts to strengthen its relationship and enhance cross-border enforcement
Canadian Competition Bureau (Gatineau)
Competition Bureau strengthens relationship with five foreign counterparts to enhance cross-border enforcement* News release Today, the Competition Bureau signed a new competition enforcement framework with the Australian Competition and Consumer Commission, the New Zealand Commerce (...)

The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK and US
Australian Competition and Consumer Commission (Canberra)
Competition agencies to coordinate on cross-border investigations* Competition agencies from five countries including Australia will share intelligence, case theories and investigative techniques to better coordinate investigations across international borders, thanks to a new cooperation (...)

The Australian Competition Authority partners with its counterpart competition agencies from five other countries to coordinate on cross-border investigations
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
The Australian Competition and Consumer Commission (ACCC) recently entered into a new memorandum of understanding with its counterpart competition agencies from five other countries in order to share intelligence and investigate techniques to better coordinate competition investigations across (...)

The Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
Journal of Parliamentary and Political Law (Ottawa)
Introduction The 21st century has brought about new challenges for competition agencies. Globalisation, falling trade barriers, deregulation and digitalisation are just some of the difficult issues agencies must now consider to ensure and protect free and open competition. To this end, (...)

The UK Competition Authority signs a cooperation framework with the US, Canadian, Australian, and New Zealand Competition Authorities
UK Competition & Markets Authority - CMA (London)
On 2 September 2020, the US Department of Justice Antitrust Division (DoJ), the US Federal Trade Commission, the UK Competition and Markets Authority (CMA), the Australian Competition and Consumer Commission, the New Zealand Competition Commission, and the Canadian Competition Bureau signed a (...)

The UK Competition Authority signs multilateral cooperation framework with its 5 counterparts in Australia, Canada, New Zealand and US
UK Competition & Markets Authority - CMA (London)
CMA to increase competition cooperation with international partners* The CMA has signed a new framework with 5 of its international counterpart competition authorities to improve co-operation on investigations. The Multilateral Mutual Assistance and Cooperation Framework for Competition (...)

The BRICS Competition Authorities issue a statement on COVID-19
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Heads of the BRICS Competition Authorities of Brazil, Russia, India, China and South Africa issued a Statement on COVID-19. The Authorities noted the significant impact of the pandemic on all aspects of global economic stability, especially in developing countries and recognised the (...)

The US DoJ signs historic memorandum of understanding with the Securities and Exchange Commission
US Department of Justice (Washington)
Justice Department’s Antitrust Division And The Securities And Exchange Commission Sign Historic Memorandum Of Understanding* The Department of Justice’s Antitrust Division and the Securities and Exchange Commission have signed an interagency Memorandum of Understanding (“MOU”) to foster (...)

Anticompetitive practices

The US DoJ welcomes the support of the AGs of Minnesota, California, North Carolina and Tennessee in an ongoing antitrust lawsuit against an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats) Free
US Department of Justice (Washington)
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey Processors* Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by (...)

The Dutch Competition Authority launches an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM launches investigation into illegal arrangements involving IT devices* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors. In (...)

The EU Commission imposes a total fine of €13.4M on 6 members of a cartel in the pharmaceutical sector (Alkaloids of Australia / Alkaloids Corporation / Boehringer / C2 Pharma / Linnea / Transo-Pharm)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The European Commission (Commission) announced today that it imposed a total fine of EUR 13.4 million on 6 members of a cartel in the pharmaceutical sector (see, attached press release). The 6 firms allegedly agreed to fix the minimum sales price of N-Butylbromide Scopolamine/Hyoscine (SNBB) (...)

The EU Commission fines pharma companies €13.4M in antitrust cartel settlement (Alkaloids of Australia / Alkaloids Corporation / Boehringer / C2 Pharma / Linnea / Transo-Pharm)
European Commission - DG COMP (Brussels)
Commission fines pharma companies €13,4 million in antitrust cartel settlement* The European Commission has fined Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm a total of €13,4 million for participating in a cartel concerning an important pharmaceutical (...)

The EU Commission carries out unannounced antitrust inspections in the construction chemicals sector
European Commission - DG COMP (Brussels)
The EU Commission carries out unannounced antitrust inspections in the construction chemicals sector* The European Commission is carrying out unannounced antitrust inspections at the premises of companies active in the construction chemicals sector in several Member States. The Commission (...)

The UK Competition Authority launches an investigation into suspected anticompetitive conduct in relation to the supply of chemicals for use in the construction industry
UK Competition & Markets Authority - CMA (London)
CMA launches investigation into the supply of chemicals for use in construction industry* The CMA has launched an investigation into suspected anti-competitive conduct in relation to the supply of chemicals for use in the construction industry. The Competition and Markets Authority (CMA) (...)

The German Competition Authority accepts a Big Tech company’s commitment to give its users better control over their data (Google)
German Competition Authority (Bonn)
Bundeskartellamt gives users of Google services better control over their data* Alphabet Inc., Google’s parent company, gives users better choice as to how Google processes their data according to Commitments undertaken by Google. The Commitments are the result of a proceeding conducted by (...)

The Spanish Competition Authority investigates possible anticompetitive practices in the market for the distribution of agricultural machinery
Spanish Competition Authority (CNMC) (Madrid)
The CNMC investigates possible anti-competitive practices in the market for the distribution of agricultural machinery* The alleged practices consist of market sharing through the restriction of passive sales to customers located outside the area specified in the distribution contracts. From (...)

The Hellenic Competition Authority imposes a fine of €1.2M on a media company and its main shareholder for the obstruction of a dawn raid (Alter Ego Media / EM)
Hellenic Competition Commission (Athens)
Press Release - Decision on the case concerning the obstruction of a dawn raid conducted by the Directorate-General for Competition* Subject: Decision on the case concerning the obstruction of a dawn raid conducted by the Directorate-General for Competition by the company under the name (...)

The EU Commission carries out unannounced inspections at the premises of companies active in the synthetic turf sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the synthetic turf sector* The European Commission is carrying out unannounced inspections at the premises of companies active in the synthetic turf industry in several Member States. The Commission has concerns that the (...)

The EU Commission carries out dawn raids in the fragrance sector with assistance from the UK Competition Authority, US DoJ and the Swiss Competition Authority
European Commission - DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in the fragrance sector* On 7 March 2023, the European Commission carried out unannounced inspections at the premises of companies and an association active in the fragrance industry in various Member States. In parallel, the Commission (...)

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

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

The EU Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging* The European Commission is conducting unannounced inspections in a Member State at the premises of companies active in the construction of networks and treatment plants for (...)

The EU Commission carries out unannounced inspections in the automotive sector
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the automotive sector* On 15 March 2022, the European Commission has conducted unannounced inspections at the premises of companies and associations active in the automotive sector located in several Member States. In parallel, the (...)

The Australian Competition Authority announces a new working group of the Five Eyes Competition Authorities with a focus on collusion in international trade
Australian Competition and Consumer Commission (Canberra)
Five Eyes competition authorities to focus on collusion in international trade* Global efforts to prevent anti-competitive conduct from occurring in the supply and distribution of goods will be boosted by a new working group announced today between the ACCC, US Department of Justice and (...)

The New Zealand Competition Authority coordinates with counterpart international competition authorities to identify potential cartel conduct in global supply chains
New Zealand Commerce Commission (Wellington)
Competition agencies working together to identify potential cartel conduct in global supply chains* The Commerce Commission has joined with international counterparts in a working group focussing on identification of potential cartel conduct in global supply chains. The working group (...)

The UK Competition Authority announces a new working group of Five Eyes Competition Authorities putting companies involved in global supply chains on notice not to collude
UK Competition & Markets Authority - CMA (London)
International agencies put supply chains on notice against collusion* A new working group of international competition authorities has put companies involved in global supply chains on notice not to collude. The working group is made up of competition authorities from the “Five Eyes” (...)

The US DoJ and FTC issues a joint statement to preserve competition in post-hurricane relief efforts
US Department of Justice (Washington)
Justice Department and Federal Trade Commission Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing antitrust guidance for businesses (...)

The US FTC and DoJ issue joint statement to preserve competition in post-hurricane relief efforts
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission and Justice Department Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Federal Trade Commission and the Department of Justice’s Antitrust Division today issued a joint statement detailing antitrust guidance for businesses taking (...)

The Russian Competition Authority proposes to develop systematic UN guidelines on international cooperation in order to counter cartels
Russian Federal Antimonopoly Service (Moscow)
Competition community has to find effective methods of combating cross-border cartels* FAS proposes to develop a systematic UN guidelines on international cooperation in the sphere of countering cartels Andrey Tsyganov, Deputy Head of the FAS Russia told about this at the 19th session of (...)

The Spanish and Portuguese Competition Authorities carry out simultaneous investigations into possible market sharing arrangements in the supply of business information databases
Spanish Competition Authority (CNMC) (Madrid)
CNMC and the Autoridad da Concorrência (AdC) carry out simultaneous investigations into possible anti-competitive practices in Spain and Portugal* The inspections concern companies that market subscriptions to databases with business information. Both authorities analyse possible (...)

The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools (...)

The Australian Federal Court imposes a fine of $24 million on a Norwegian shipping company (WWO)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
On 4 February 2021, the Federal Court of Australia imposed a fine of $24 million on Norwegian shipping company, Wallenius Wilhelmsen Ocean AS (WWO), for its involvement in a criminal cartel with a number of other shipping companies between 2009 and 2012. More specifically, the Federal Court (...)

The Australian Federal Court fines a Norwegian global shipping company for participating in a cartel (WWO)
Australian Competition and Consumer Commission (Canberra)
Shipping cartel fines now total $83.5 million after WWO conviction* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has been convicted of criminal cartel conduct and ordered by the Federal Court to pay a fine of $24 million, in a case prosecuted by the (...)

The UK Competition Authority and Serious Fraud Office sign a memorandum of understanding allowing the two regulators to investigate and prosecute individuals in criminal cartel cases
Government Legal Department (London)
On 22 October 2020, the UK’s Competition and Markets Authority (“CMA”) and the UK’s Serious Fraud Office (“SFO”) signed a memorandum of understanding (“MoU”) allowing the two regulators to investigate and/or prosecute individuals in criminal cartel cases. Under UK competition law the most (...)

The US DoJ applauds the International Competition Network’s new international leniency guidelines
US Department of Justice (Washington)
Antitrust Division Applauds New International Leniency Guidelines* New guidelines will increase effectiveness of international cartel enforcement through better cooperation The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency (...)

The Australian Competition Authority secures a guilty plea from a Norwegian global shipping company over an alleged criminal cartel conduct (WWO)
Australian Competition and Consumer Commission (Canberra)
Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth (...)

The Irish Competition Authority concludes an examination of the beef industry following complaints without going into a full investigation due to the lack of evidence proving complainants’ claims
Irish Competition Authority (Dublin)
CCPC Concludes Examination of Beef Industry Complaints* The Competition and Consumer Protection Commission (CCPC) has today written to over 200 individuals, including the Independent Farmers of Ireland, the Beef Plan Movement, and the Irish Farmers Association, regarding the outcome of an (...)

The Spanish Competition Authority receives over 500 complaints and inquiries in the mailbox set up specifically for individuals and companies during the COVID-19 pandemic
Spanish Competition Authority (CNMC) (Madrid)
The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis* The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis The financial sector (45%) and the health products and food sector (30%) (...)

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

Unilateral Practices

The EU Commission carries out a dawn raid against a supplier of cardiovascular medical devices
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 September 2023, the European Commission (the Commission ) and an unspecified national competition authority jointly carried out unannounced inspections at the premises of an as yet anonymous supplier of medical devices for cardiovascular applications (see, attached press release). The (...)

The EU Commission carries out unannounced inspections at the premises of a company active in the market for cardiovascular applications
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the medical devices sector* The European Commission is carrying out unannounced inspections at the premises of a company active in medical devices for cardiovascular applications. The Commission has concerns that the inspected (...)

The Italian Competition Authority opens an investigation into possible abuse of dominance by a multinational engineering and technology company in the European market for electric bicycle drive systems (Bosch)
Italian Competition Authority (Rome)
A567 - ICA: investigation opened into alleged abuse of dominant position by Bosch* According to the Competition Authority, the company did not allow electrical and digital interoperability between its drive systems and the Anti-lock Braking System (ABS) for electric bicycles produced by (...)

The Polish Competition Authority concludes an investigation over an alleged abuse of dominance in the fuel market (PKN Orlen)
Polish Competition Authority (Warsaw)
Fuel market - conclusions of the investigation procedure* The investigation procedure regarding the fuel market has been completed. The prices charged by PKN Orlen at the end of 2022 were without prejudice to competition law. The case was consulted with the European Commission. UOKiK’s (...)

The French Competition Authority fines a pet transportation company €65K for abusing its dominant position in the air freight transport of pets to French Polynesia (Goldenway International Pets)
Autorité de la concurrence (Paris)
Air freight transport of pets to Polynesia: the Autorité de la concurrence fines a company for abuse of a dominant position* Background Following a report transmitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation (...)

The Australian Competition Authority publishes a report on advertising technology and identifies significant competition concerns namely due to a Big Tech company’s dominance of the sector (Google)
Australian Competition and Consumer Commission (Canberra)
Google’s dominance in ad tech supply chain harms businesses and consumers* An ACCC inquiry into the advertising technology (or ‘ad tech’) sector has identified significant competition concerns and likely harms to publishers, advertisers, and, ultimately, consumers. The report, published (...)

The US FTC sues a social networking company for illegal monopolization, requiring the divestment of its acquisitions of up-and-coming rivals, and prohibits the imposition of anti-competitive conditions on software developers (Facebook)
US Federal Trade Commission (FTC) (Washington)
FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

The UK Competition Authority, along with other national competition authorities, secures privacy changes to a tech company’s mobile app store (Apple App Store)
UK Competition & Markets Authority - CMA (London)
CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...)

The German Monopolies Commission calls for a level competitive playing field in the sports sector and invites the Competition Authority to issue special guidelines for the sector
White & Case (Düsseldorf)
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White & Case (Düsseldorf)
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body (...)

The EU Commission invites comments on a pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to address excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

Mergers

The Finnish Competition Authority conditionally approves a private equity investment company’s ac­qui­si­tion of a building technology service provider (Triton / Cave­rion)
Finnish Competition and Consumer Authority (Helsinki)
FCCA ap­proves Tri­ton’s ac­qui­si­tion of Cave­rion sub­ject to con­di­tions* On 17 October 2023, the Finnish Competition and Consumer Authority (FCCA) approved the private equity company Triton’s acquisition of Caverion Oyj. The approval and implementation of the transaction is conditional (...)

The EU Commission opens an in-depth investigation into a proposed acquisition in the market for wood-based panels (Pfleiderer Polska / Kronospan)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Pfleiderer Polska by Kronospan* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Pfleiderer Polska by Kronospan, under the EU Merger Regulation. The Commission is (...)

The EU Commission refers to the French Competition Authority the examination of the effects of an acquisition in the pharmaceutical distribution sector (McKesson / Phoenix)
Autorité de la concurrence (Paris)
The European Commission refers to the Autorité de la concurrence the examination of the effects in France of the acquisition of control of McKesson Europe by the Phoenix Group* The European Commission refers to the Autorité de la concurrence the examination of the effects in France of the (...)

The EU Commission partially refers an acquisition in the pharmaceutical sector to the French Competition Authority and unconditionally clears the proposed merger outside France (McKesson / Phoenix)
European Commission - DG COMP (Brussels)
Mergers: Commission partially refers acquisition of a part of McKesson by Phoenix to France’s competition authority and clears proposed merger outside France* The European Commission has partially referred the proposed acquisition of a part of McKesson by Phoenix to the French competition (...)

The US DoJ and FTC extend the deadline for public comment on ways to strengthen enforcement against illegal mergers
US Department of Justice (Washington)
Justice Department and FTC Extend Deadline for Public Comment on Ways to Strengthen Enforcement Against Illegal Mergers* Today, the Department of Justice and Federal Trade Commission (FTC) are extending by one month the deadline to submit comments as part of the enforcement agencies’ process (...)

The US DoJ and FTC announce a joint spring enforcers summit to discuss modernizing merger guidelines and interagency collaboration
US Department of Justice (Washington)
Justice Department and Federal Trade Commission to Hold Joint Spring Enforcers Summit* The Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) will cohost a Spring Enforcers Summit on April 4. Assistant Attorney General Jonathan Kanter and FTC Chair Lina M. Khan, (...)

The Hellenic Competition Authority and the Serbian Competition Authority sign a memorandum of partnership for the protection of competition
Hellenic Competition Commission (Athens)
* Subject: MEMORANDUM OF PARTNERSHIP BETWEEN THE HCC AND THE COMMISSION FOR PROTECTION OF COMPETITION OF THE REPUBLIC OF SERBIΑ The Hellenic Competition Commission, in the context of its strategic planning to strengthen its international presence and influence on shaping competition (...)

The EU Commission conditionally approves a Big Tech company’s acquisition of a customer relationship management software provider accepting that an access remedy is suitable to remove the identified non-horizontal competition concerns
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
Article originally published in DG Competition’s Competition merger brief, as Competition merger brief 1/2023 (click here), under the title "Meta/Kustomer – What’s the Meta with Kustomer?". Please note that all articles published in the CPN are subject to a disclaimer: "The content of this (...)

The US FTC and DoJ announce plans to review and update merger guidelines in order to strengthen enforcement against illegal mergers
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (San Francisco)
On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022. (...)

The US FTC and DoJ launch a joint public inquiry into the agencies’ horizontal and vertical merger guidelines to decipher whether the guidelines properly implement the statutory ban on transactions that may substantially lessen competition or tend to create a monopoly
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
Tuesday, January 18th, the Federal Trade Commission (“FTC”) and the U.S. Justice Department’s Antitrust Division (“DOJ”) launched a joint public inquiry regarding the agencies’ horizontal and vertical merger guidelines. As part of this inquiry, the agencies are soliciting public comment via a (...)

The US DoJ and FTC announce a joint effort to modernize the horizontal and vertical federal merger guidelines
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and prevent illegal, anticompetitive deals in today’s modern markets.” (...)

The US FTC and DoJ launch a joint public inquiry aimed at strengthening enforcement against illegal mergers
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers* Agencies Launch Joint Public Inquiry Aimed at Modernizing Merger Guidelines to Better Detect and Prevent Anticompetitive Deals WASHINGTON – Today, the Federal Trade Commission (FTC) and (...)

The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On Jan. 18, 2022, the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division announced a joint public inquiry related to the federal merger guidelines, with the goal of “strengthening enforcement against illegal mergers.” Members of the public are encouraged to (...)

The US FTC and DoJ announce a joint initiative to conduct a comprehensive analysis of their merger guidelines
Dechert (Washington)
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Dechert (Washington)
On Jan. 18, 2022, the Federal Trade Commission and Department of Justice announced a joint initiative to conduct a comprehensive analysis of their merger guidelines. The initiative is likely to further ratchet up merger enforcement with the most significant impact on digital mergers, mergers (...)

The German and Austrian Competition Authorities publish revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control law
Freshfields Bruckhaus Deringer (Vienna)
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Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Vienna)
Shortly before the end of 2021, the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) and the German Federal Cartel Office (Bundeskartellamt, BKA) published revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger (...)

The German and Austrian Competition Authorities publish an updated joint guidance on transaction value thresholds
White & Case (Düsseldorf)
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McDermott Will & Emery (Brussels)
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White & Case (Düsseldorf)
The German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde have updated their joint guidance on the application of their respective transaction value thresholds for mandatory merger notifications (the "Guidelines") on December 23, 2021. The authorities initially published the (...)

The US FTC imposes a fine totalling $487K on the founder of a transportation and logistics company for repeatedly violating the Hart-Scott-Rodino Act (Clarence L. Werner)
US Federal Trade Commission (FTC) (Washington)
FTC Fines Clarence L. Werner, Founder of the Truckload Carrier Werner Enterprises, Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that Clarence L. Werner, founder of the Omaha, Nebraska-based truckload carrier Werner Enterprises, Inc. will pay a (...)

The Canadian Competition Authority approves the $44B acquisition of a British price assessment and reporting agency by its American competitor after an agreement to sell assets (S&P Global / IHS Markit)
Canadian Competition Bureau (Gatineau)
Competition Bureau reaches agreement with S&P Global related to its acquisition of IHS Markit* The Competition Bureau announced on the 21st December 2021 that it has reached an agreement with S&P Global Inc. to resolve competition concerns related to its proposed acquisition of IHS (...)

The US FTC introduces 5 process changes for second requests in its merger reviews
Constantine Cannon (New York)
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Constantine Cannon (New York)
What to Expect During Antitrust Merger Reviews and Investigations Under the Biden Administration (Part 1)* Antitrust enforcers are revising the gamebook for firms that hope to get their mergers through the federal merger review process. As this blog has previously reported on increased (...)

The US FTC votes to rescind the vertical merger guidelines issued jointly with the DoJ
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines (2020 VMGs) that were jointly issued by the FTC and Department of (...)

The US FTC publishes a report summarizing findings from its study of unreported Big Tech acquisitions
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616 transactions valued at above US$1 million, the Commissioners noted four key (...)

The US FTC withdraws vertical merger guidelines to prevent industrial and judicial reliance on unsound economic theories
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary* 2020 guidance withdrawn to prevent industry and judicial reliance on unsound economic theories; FTC to work with DOJ to update merger guidance The Federal Trade Commission voted to withdraw its approval of the (...)

The US DoJ issues a statement following the FTC’s vote to withdraw from the vertical merger guidelines
US Department of Justice (Washington)
Justice Department Issues Statement on the Vertical Merger Guidelines* Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division issued the following statement today after the Federal Trade Commission (FTC) voted to withdraw from the 2020 Vertical (...)

The EU Commission opens an in-depth investigation following a referral from Austria to assess the proposed acquisition of a company specialized in the supply of customer relationship management software by a Big Tech company (Facebook / Kustomer)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Kustomer by Facebook* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Kustomer by Facebook under the EU Merger Regulation. The Commission is concerned that the (...)

The Australian Competition Authority announces the withdrawal of a clearance request for a merger between two insurance companies (Aon / Willis Towers Watson)
Australian Competition and Consumer Commission (Canberra)
Aon withdraws clearance request for WTW merger* Aon plc (Aon) has withdrawn its request for merger clearance by the ACCC of its proposed acquisition of Willis Towers Watson plc (WTW), having decided to terminate their proposed merger. Aon and WTW are two of the three largest providers of (...)

The Australian, German and UK Competition Authorities release a joint statement on merger control enforcement
Australian Competition and Consumer Commission (Canberra)
Landmark joint statement on merger control enforcement from ACCC, UK’s CMA and Germany’s Bundeskartellamt* The ACCC, the UK’s Competition and Markets Authority and Germany’s Bundeskartellamt have today issued a joint statement highlighting the importance of rigorous and effective merger (...)

The UK, German and Australian Competition Authorities agree on a joint statement on merger control
German Competition Authority (Bonn)
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Australian Competition and Consumer Commission (Canberra)
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UK Competition & Markets Authority - CMA (London)
Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

The EU Commission provides guidance regarding its policy change to Article 22 of the EU Merger Regulation
Norton Rose Fulbright (Brussels)
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Allen & Overy (Brussels)
On 26 March 2021, the European Commission (“Commission”) published a Staff Working Paper summarising the findings of its evaluation of procedural and jurisdictional aspects of EU merger control (the “Evaluation”), along with a communication providing guidance regarding its change in approach (...)

The EU Commission publishes guidance on Article 22 referrals for transactions falling below national thresholds
Herbert Smith Freehills (Brussels)
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Simmons & Simmons (London)
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Herbert Smith Freehills (Düsseldorf)
On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional (...)

The EU Commission publishes guidance and expands its jurisdiction by capturing transactions below the jurisdictional thresholds of national and EU merger control regimes
Orrick, Herrington & Sutcliffe (London)
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Dechert (London)
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Dechert (London)
The European Commission (“Commission”) is expanding its jurisdiction over transactions by encouraging national competition authorities (“NCAs”) of the EU Member States to ‘refer’ certain transactions to it that fall below the thresholds for mandatory notification at the EU and the national (...)

The EU Commission revamps its approach to Member State referrals as set out in Article 22 of the Merger Regulation
Hogan Lovells (Munich)
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Hogan Lovells (Düsseldorf)
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Hogan Lovells (Düsseldorf)
On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation (“EUMR”), which it had announced last year. This document (the (...)

The EU Commission assesses in a published policy paper whether its jurisdictional merger control thresholds leave an enforcement gap and whether the administrative burden on merging firms and other market participants is proportionate
University of Oxford
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Freshfields Bruckhaus Deringer (Hong Kong)
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TikTok (Brussels)
In a recently published policy paper, the European Commission (EC) assessed whether its jurisdictional merger control thresholds leave an enforcement gap, and whether the administrative burden on merging firms and other market participants is proportionate. The EC concludes that the (...)

The EU Commission releases the new Article 22 EU Merger Regulation Guidance, which creates legal uncertainty for merger control and a de facto killer acquisition review power
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control rules. Summary The new guidance indicates that the EC will (...)

The EU Commission publishes guidance on the application of the referral mechanism set out in Article 22 of the Merger Regulation to certain categories of cases
Arendt & Medernach (Luxembourg)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Arendt & Medernach (Luxembourg)
ON 26 MARCH 2021, THE EUROPEAN COMMISSION (THE “COMMISSION”) PUBLISHED “COMMISSION GUIDANCE ON THE APPLICATION OF THE REFERRAL MECHANISM SET OUT IN ARTICLE 22 OF THE MERGER REGULATION TO CERTAIN CATEGORIES OF CASES”. The impact of the document comes close to a paradigm shift for merger (...)

The EU Commission and other Competition Authorities announce the formation of a multilateral pharma merger working group
Van Bael & Bellis (Brussels)
On 16 March 2021, the European Commission, the UK Competition and Markets Authority (“CMA”), the Canadian Competition Authority and the US competition authorities announced the formation of a trans-Atlantic working group to exchange best practices on pharmaceutical mergers. Pharmaceutical (...)

The US FTC announces the formation of a working group to examine the US, Canada, UK, and EU agencies’ approach to mergers in the pharmaceutical sector
Alima (New York)
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University of Cincinnati Foundation (Cincinnati)
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Norton Rose Fulbright (Ottawa)
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 16, the US Federal Trade Commission, US Department of Justice, offices of US state Attorneys General, the Canadian Competition Bureau, the European (...)

The Japanese Competition Authority reviews the proposed acquisition of an American producer of consumer fitness electronics by a Big Tech company (Fitbit / Google)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the Proposed Acquisition of Fitbit, Inc. by Google LLC* This case concerns a proposed transaction in which Google LLC (JCN3700150072195) (hereinafter referred to as “Google”) headquartered in the U.S. planned to acquire Fitbit, Inc. headquartered in the U.S. Google Group (...)

The UK Government and the EU Commission publish a trade and cooperation act trying to control and provide a framework for regulatory divergence
Bird & Bird (London)
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Bird & Bird (London)
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Goodwin (London)
The Trade and Cooperation Agreement will govern the future relationship of the UK and the EU. This article will examine some key areas to note for Competition law, reviewing important changes to state aid regulation and the Competition and Market Authority’s ("CMA") function. Introduction (...)

The UK Government and the EU Commission agree on a trade and cooperation act detailing the applicability of both merger control regimes after Brexit
Herbert Smith Freehills (Brussels)
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Simmons & Simmons (London)
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Herbert Smith Freehills (London)
On 1 January 2021, with the end of the Brexit transition period, the UK entered the real world of Brexit. This has immediate implications for merger control both in the UK and the EU. Any companies involved in deals need to be aware of the impact. As of 1 January 2021 the EU Merger (...)

The Israeli Competition Authority examines 21 national start-ups that were acquired by giant technology companies and submits the findings to the OECD
Israel Competition Authority (Jerusalem)
Are there ‘Killer Acquisitions’ in Israel?* The Israel Competition Authority examined what happened to 21 Israeli “start-ups” that were acquired by giant technology companies the findings were submitted to the OECD The digital economy giants provide new challenges to competition (...)

The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian (...)

The French Competition Authority clears the acquisition of 556 stores subject to divestment of 9 stores (Leader Price / Aldi)
Autorité de la concurrence (Paris)
Aldi – Leader Price transaction: The Autorité clears the acquisition of 554 Leader Price stores and 2 Casino stores by Aldi, subject to the divestiture of 9 stores* In a decision issued today, the Autorité de la concurrence cleared the acquisition of Leader Price by Aldi, subject to (...)

The UK Competition Authority updates its merger guidance documents
Morgan Lewis (London)
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Morgan Lewis (London)
The UK’s Competition and Markets Authority (CMA) on 6 November published draft updates to two of its merger guidance documents (CMA2 and CMA56) in preparation for the end of the Brexit Transition Period on 31 December 2020. The CMA has launched a consultation on the proposed amendments which (...)

The UK Competition Authority accepts the sale of the firm’s global total ankle replacement business as a remedy to clear the merger of medical suppliers of orthopedic products (Stryker / Wright Medical Group)
UK Competition & Markets Authority - CMA (London)
Medical device supplier resolves CMA concerns* The CMA has accepted a proposal from Stryker to sell its business in the UK total ankle prostheses market to resolve competition concerns. Stryker Corporation (Stryker) and Wright Medical Group N.V. (Wright) both manufacture a range of (...)

The US FTC imposes conditions on a pharmaceutical merger because of competition concerns in ten generic drug markets (Mylan / Upjohn)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

The UK Competition Authority requests the EU Commission review a proposed merger impacting retail and wholesale telecommunications markets in the UK (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
CMA requests review of Virgin and O2 merger* The CMA has made a request to the European Commission to refer the proposed merger of Virgin Media and Virgin Mobile with O2 to the CMA for investigation. Liberty Global plc (Liberty) owns Virgin Media and Virgin Mobile in the UK, and Telefónica (...)

The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity
Orrick, Herrington & Sutcliffe (Washington)
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Dechert (Washington)
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Dechert (New York)
Key Takeaways Proposed HSR rule changes would require an acquiring fund to aggregate its holdings with those of its broader fund family. This will substantially increase the number of transactions subject to HSR reporting requirements, especially for asset managers and private equity funds. (...)

The US FTC and DoJ propose changes to two aspects of the HSR rules
Shearman & Sterling (Washington)
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Shearman & Sterling (New York)
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Shearman & Sterling (Washington)
Overview The U.S. Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division (“DOJ” and collectively, the “Agencies”) recently proposed changes to two aspects of the Hart-Scott-Rodino Act (“HSR Act”).The proposed rules are subject to public comment and are unlikely to (...)

The US FTC and DoJ seek comments on proposed amendments to HSR rules and advanced notice of proposed HSR rulemaking
US Federal Trade Commission (FTC) (Washington)
FTC and DOJ Seek Comments on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, will publish in the Federal Register a Notice of Proposed Rulemaking (...)

The US DoJ supports the FTC’s proposal of modernizing merger filing exemptions for certain investments
US Department of Justice (Washington)
Antitrust Division Supports Modernizing Merger Filing Exemptions For Certain Investments* The Time Has Come to Update the Merger Filing Rules On Monday, September 21, Assistant Attorney General Makan Delrahim concurred in the Federal Trade Commission’s (FTC) Federal Register publication of (...)

The US DoJ and FTC propose to alter their HSR rules to create a new exemption for minority acquisitions and increase filing obligations for certain entities
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
Agencies Also Seek Public Comments that Could Lead to Additional Changes to the HSR Rules The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (the “Agencies”) announced proposed changes to the premerger notification rules (“Rules”) promulgated (...)

The US FTC issues a notice of proposed rulemaking to amend the premerger notification rules that implement the Hart-Scott-Rodino Antitrust Improvements Act
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
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Sheppard Mullin (Washington)
Tell Me More – Antitrust Agencies to Demand More Information from Investment Funds* The Federal Trade Commission (“FTC”) recently issued a notice of proposed rulemaking to amend the premerger notification rules (the “Rules”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of (...)

The French Competition Authority welcomes the announcement of the EU Commission regarding the referral of sensitive mergers to the Commission, including when they are not subject to national merger control
Autorité de la concurrence (Paris)
The Autorité welcomes the announcement by the European Commission, which will henceforth allow national competition authorities to refer sensitive merger transactions to it for examination, including when they are not subject to national merger control* This new approach, which was announced (...)

The EU Commission announces the broadening of the Member State referral system concerning mergers
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Brussels)
The European Commission (EC) has recently announced a change in policy to its referral system to bolster the circumstances in which it will accept referral requests from Member States under Article 22 of the EU Merger Regulation (EUMR). In particular, the EC is encouraging national competition (...)

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 Canadian Competition Authority clears a merger in animal healthcare, subject to structural conditions (Elanco Animal Health / Bayer Animal Health)
Canadian Competition Bureau (Gatineau)
Competition Bureau resolves concerns related to Elanco’s acquisition of Bayer Animal Health* The Competition Bureau announced today that it has entered into a consent agreement with Elanco Animal Health Incorporated (Elanco) to address concerns related to the company’s proposed acquisition (...)

The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)
Autorité de la concurrence (Paris)
The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

The Estonian Competition Authority announces the postponement of merger between the Lithuanian gas market and the single entry tariff zone of Finland, Estonia and Latvia
Estonian Competition Authority (Tallinn)
Postponement of FinEstLat and Lithuanian gas market merge* On 1 January 2020, the single entry tariff zone of Finland, Estonia and Latvia (FinEstLat) started operating. The merger of FinEstLat means the linking of the Finnish, Estonian and Latvian markets, removing the internal tariffs in (...)

Procedures

The Portuguese Competition Authority opens a public consultation on the draft guidelines of infringement procedures
Portuguese Competition Authority (Lisbon)
AdC opens public consultation on draft guidelines on infringement procedures* In August 2022, Law no. 17/2022, transposed to the national legal order Directive (EU) 2019/1 of the European Parliament and of the Council, of 11 December 2018 (ECN+ Directive). As a result, the AdC must approve (...)

The EU General Court registers a complaint by a major digital platform against the Commission for allowing a parallel investigation by the Italian Competition Authority to continue while there is already an ongoing European Economic Area investigation (Amazon)
Bird & Bird (Brussels)
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Bird & Bird (Madrid)
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. The revolution of digital platforms Digital platforms have burst onto the market in recent years. There is no doubt that their ability to offer a large (...)

The US DoJ signs a memorandum of understanding with the South Korean prosecution service to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries
US Department of Justice (Washington)
Justice Department Signs Antitrust Memorandum of Understanding with Korean Prosecution Service* Yesterday, the Department of Justice signed an antitrust Memorandum of Understanding (MOU) with the Korean Prosecution Service (KPS). The MOU is designed to promote increased cooperation and (...)

The UK Government announces the withdrawal of the draft guidance on the Competition Authority’s powers and procedures on the EU foreign direct investment information sharing regime
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct investment (FDI) into the European Union. The withdrawal follows a (...)

The EU Commission adopts a formal decision to hold that the UK will not be treated as an EU Member State for FDI regulation purposes
Cooley (London)
The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct (...)

The Lithuanian Competition Authority updates rules on immunity from fines and adopts rules on cooperation with EU counterparts
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority updates rules on immunity from fines or their reduction and adopts rules on cooperation with EU counterparts* In relation to the amendments to the Law on Competition adopted by the Seimas, today the Lithuanian competition authority Konkurencijos taryba has (...)

The Icelandic Parliament makes amendments to the competition act
Aquis Exchange
On 30 June 2020, the Icelandic parliament approved a bill (the “Bill”) to amend the Competition Act No. 44/2005 (the “Act”). The amendments are intended to simplify the implementation of the Act. They also modify notification thresholds as well as conditions for merger clearance, and (...)

Regulatory

The EU Commission publishes its third FDI Report which reflects the consolidation of the European Framework
Norton Rose Fulbright (Brussels)
Third Commission FDI Report Reflects Consolidation of EU Framework* Introduction The European Commission’s third annual report (the Report) on experience with Regulation 2019/452 (as amended, the FDI Regulation) reflects the growing importance of foreign direct investment (FDI) screening (...)

The Czechia Government amends its competition law to introduce landmark reforms and wider enforcement powers of the competition authority
White & Case (Prague)
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White & Case (Prague)
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White & Case (Prague)
Very soon, a long-awaited amendment to the Czech Act on the Protection of Competition will become law, implementing (after a long delay) the requirements of what is known as the ECN+ Directive (an EU directive designed to give greater powers to competition authorities). The primary objective (...)

The Polish Competition Authority welcomes the amendments to the Competition and Consumer Protection Act
Polish Competition Authority (Warsaw)
Competition protection - an amendment to the act has entered into force* Specification of the investigative powers of the Office, increase of the independence of the antitrust authority, the term of office of President of UOKiK, as well as new solutions concerning the leniency programme. These (...)

The Belgian Parliament passes a law implementing the ECN+ directive notably reinforcing the leniency program and empowering investigative tools
Van Bael & Bellis (Brussels)
Belgium implements ECN+ Directive and reforms competition rules On 7 March 2022, a law of 28 February 2022 reforming the Belgian competition rules (“Law”) was published in the Belgian Official Journal. This Law, which will enter into force in the coming days, will implement Directive 2019/1, (...)

The Greek Government transposes the ECN+ Directive into its national law by amending the Greek Competition Act
Kyriakides Georgopoulos (Athens)
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Kyriakides Georgopoulos (Athens)
The new Law 4886/2022 ‘on the Modernisation of Competition Law for the Digital Era’, substantially amends the Greek Competition Act (Law 3959/2011) On 24 January 2022 the new Law 4886/2022 (GG A’ 12/24.01.2022) entered into effect amending the Greek Competition Act and transposing Directive (...)

The US President Joe Biden issues an executive order which articulates the administration’s broad antitrust policy and instructs antitrust agencies to increase enforcement to prevent a rise in consumer prices and competitive harm in labor markets
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
Takeaways Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging procedural changes at the FTC have expanded its review powers and complicated (...)

The Croatian Parliament adopts a revised Unfair Trading Practices Act which is fully harmonized with the EU Directive 2019/633
Croatian Competition Agency (Zagreb)
CROATIA ADOPTS REVISED UNFAIR TRADING PRACTICES ACT 2021 FULLY HARMONIZED WITH EU DIRECTIVE 2019/633* For the purpose of bringing its legal framework in the area of unfair trading practices in business-to-business relations in the agricultural and food supply chain into compliance with the (...)

The Norwegian Competition Authority alongside other Nordic countries publishes a joint report on online pharmacy markets and calls for removing the requirement to have physical pharmacies
Norwegian Competition Authority (Bergen)
Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

The Dutch Government implements the EU regulation establishing a framework for the screening of foreign direct investments
European Court of Justice (Luxembourg)
On 17 November 2020, the Dutch Senate passed a law (the “Implementing Law”) implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (the “FDI Regulation”). The (...)

The EFTA Surveillance Authority signs memorandum of understanding on its cooperation with the EU Agency for the Cooperation of Energy Regulators
EFTA Surveillance Authority (Brussels)
ESA signs MoU with ACER* The EFTA Surveillance Authority (ESA) has concluded a Memorandum of Understanding (MoU) on its cooperation with the European Union Agency for the Cooperation of Energy Regulators (ACER). The adoption of the MoU is intended to put in place practical arrangements (...)

The UK Competition Authority consults on draft guidance concerning its powers and procedures in the relation to the post-Brexit foreign direct investments information request process
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
As noted in our recent LawFlashes, New Powers for UK Government in Transactions Impacting Public Health Emergencies and National Security and Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers, governments are increasing their scrutiny of certain foreign direct (...)