Cooperation between National Competition Authorities

Anticompetitive practices

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 which (...)

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 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 Commonwealth (...)

The Dutch Competition Authority confirms more leeway for environmental sustainability initiatives following its revised guidelines
Bird & Bird (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 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)
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 variety of products and services, the ease of use by retailers and consumers, and the reduction of investment and search costs involved, (...)

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 (London)
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 maintain (...)

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 EU Commission and the UK Government agree on a Trade and Cooperation Agreement that has consequences on competition law post-Brexit
Ashurst (London)
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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. On (...)

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 a) (...)

The Hong Kong Competition Authority signs a memorandum of understanding with the Philippine Competition Authority to strengthen cooperation in the advancement of competition law and policy
Hong Kong Competition Commission
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 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 his (...)

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
Van Bael & Bellis (Brussels)
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 serious (...)

The Jersey Competition Authority highlights the value of competition in the Channel Island telecoms sector in the latest annual report
Jersey Competition Authority
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 annual (...)

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 (London)
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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 September (...)

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 release joint memorandum on digital platforms and the future of European policy
Swedish Competition Authority (Stockholm)
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Danish Competition and Consumer Authority (Copenhagen)
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Icelandic Competition Authority
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 joint (...)

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 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 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 (...)

The US FTC signs Multilateral Mutual Assistance and Cooperation Framework with US DOJ and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
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 Joseph (...)

The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK, and the 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 New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK, and the 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 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 - Antitrust Division (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 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 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 UK Competition Authority signs multilateral cooperation framework with its 5 counterparts in Australia, Canada, New Zealand and the US
United Kingdom’s Competition 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 Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
Commonwealth Secretariat (London)
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 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 applauds the International Competition Network’s new international leniency guidelines
US Department of Justice - Antitrust Division (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 US DoJ signs historic memorandum of understanding with the Securities and Exchange Commission
US Department of Justice - Antitrust Division (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 (...)

The Australian Federal Court sees Norwegian global shipping company plead guilty to 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 Director (...)

The Irish Competition Authority concludes examination of beef industry complaints without going into full investigation due to lack of evidence to prove 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 Free
Spanish Competition Authority (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 Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to COVID-19 Free
Italian Competition Authority (Rome)
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The US DoJ and FTC issue a joint antitrust statement regarding COVID-19 and competition in labor markets and recognise that firms may need to cooperate in unprecedented ways to respond to the pandemic Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, (...)

The Latvian and Lithuanian Competition Authorities terminate common investigation into alleged prohibited agreement among 7 companies active in construction & household products (Tikkurila companies / Kesko Senukai Lithuania / Kesko Senukai Digital / Ermitažas / DAW Lietuva / Topcolor)
Konkurences padome (Riga)
Latvian and Lithuanian competition authorities join forces for investigation of cross-border infringements* Taking into consideration the complexity of cross-border infringements of the competition law, competition authorities join their forces for efficient investigation. For example, (...)

The US DoJ charges extradited former automotive parts executive with for his role in an international market allocation and bid-rigging conspiracy involving the sale of instrument panel clusters to several automobile producers (Eun Soo Kim / Continental Automotive Korea)
US Department of Justice - Antitrust Division (Washington)
Extradited Former Automotive Parts Executive Pleads Guilty to Antitrust Charge* Fugitive for Nearly Five Years, Extradited to the United States and Pleads Guilty to Antitrust Conspiracy Eun Soo Kim, a former key accounts manager for Continental Automotive Korea Ltd. and a Korean national, was (...)

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

The EU Commission addresses a statement of objections to a Slovak rail company for an alleged obstruction of an investigation (ZSSK)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
In June 2016, the Commission dawn raided the premises of ZSSK, the Slovak incumbent rail operator. The dawn raids followed concerns that ZSSK may have entered into anticompetitive agreements with the aim of foreclosing the market of rail passenger transport to its competitors, in breach of (...)

The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

The Polish Supreme Court rules that moving a file to the “trash” folder during a control violates the obligation to cooperate (Inco-Veritas)
Office of Competition and Consumer Protection (Warsaw)
In its decision of 28 November 2011, the President of the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on Inco-Veritas S.A. in the amount of PLN 2,047,475.10 (equivalent of EUR 517,000) for the lack of cooperation during a control (...)

The Russian and Finnish Competition Authorities sign a new cooperation program for 2016-2017
Russian Federal Antimonopoly Service (Moscow)
The competition authority of Russia and Finland signed a new Cooperation Programme for 2016-2017* On 28 October 2015, a new Cooperation program was signed between the Federal Antimonopoly Service and Finland’s Competition and Consumer Authority in Paris. The Programme was signed in the course (...)

The OECD holds a roundtable on cartels involving intermediate goods
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * Considering the discussion at the roundtable on “Cartels Involving Intermediate Goods”, held by Working Party No.3 on Co-operation and Enforcement on 27 October 2015, the Secretariat’s background paper and the delegates’ written submissions and (...)

The French Supreme Court upholds fines based on dawn raids carried out by the UK Competition Authority in jet fuels cartel (Chevron Products / Shell / Total Outre-mer / Air France)
Simmons & Simmons (Paris)
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Bayer (Loos)
A French Competition Authority infringement decision based on dawn raids carried out by the UK Office of Fair Trading has been upheld by France’s highest court. In a second ruling in the jet fuels cartel appeal, the French Supreme Court has upheld the 2008 decision of the French Competition (...)

The French, Swedish, and Italian Competition Authorities investigate on the "parity clauses" in the online hotel booking market (Booking.com)
European Commission (Brussels)
Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

The Canadian and Indian Competition Authorities sign a memorandum of understanding on the application of competition laws
Commonwealth Secretariat (London)
Introduction Today’s global economy makes international cooperation in the enforcement of competition laws essential. To this end on 1 December 2014 Canada’s Commissioner of Competition (“Commissioner”) and the Competition Commission of India (“CCI”) signed a Memorandum of Understanding (“MOU”) on (...)

The Canadian Superior Court of Justice imposes fines on a multinational corporation for its participation in a bid-rigging conspiracy on the market for motor vehicle components (Panasonic)
Steve Szentesi Law Corporation (Vancouver)
Auto Parts Investigation Rolls Along: Former Auto Parts Executive Sentenced to 1 Year in Prison for Deleting E-mails, Panasonic to Pay $4.5 M in Canada* In what can only be called a sobering reminder earlier on 20 February 2014 of the importance of not obstructing an ongoing criminal antitrust (...)

The UK Competition Authority accepts commitments from online travel agents which permit them to offer hotel discounts (IHG / Expedia / Booking.com)
European Commission (Brussels)
United Kingdom: OFT clears Way for Discounts on Hotel Rooms* On 31 January 2014, the Office of Fair Trading (OFT) accepted formal commitments from two of the UK’s largest online travel agents, Booking.com B.V. (Booking.com) and Expedia Inc (Expedia), together with InterContinental Hotels (...)

The ECN Competition Working Group on Competition Law gathers to discuss matters related to vertical restraints in the online sector
European Commission (Brussels)
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The Paris Court of Appeal upholds the Competition Authority’s decision in the jet fuel sector in La Réunion (Shell / Chevron / Total / Esso / Air France)
Nest Avocats (Paris)
1. The facts In January 2003, Air France lodged a complaint before the French Competition Authority (FCA) regarding an alleged cartel between the four oil companies established in the La Reunion Island Airport during the 2002 Air France’s tender. First inquiries were made in La Reunion and near (...)

The German Competition Authority coordinates with the Dutch Competition Authority on their fining against a German mill involved in a cartel in the flour industry (Mühlen)
European Commission (Brussels)
The Netherlands and Germany: Joint Solution to cross-border Inability to Pay Claim in Flour Cartel Cases* At the end of January 2013, the Bundeskartellamt (BKartA) and the Netherlands Competition Authority (NMa) coordinated their fining with regard to a German flour mill (the undertaking). (...)

The EU Commission submits comments to Ireland’s High Court in the Irish beef case for anti-competitive practices
United Kingdom’s Competition Authority - CMA (London)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. “Crisis cartels” - Can an economic downturn ever excuse anti-competitive practices? Insights from a European Commission statement to Ireland’s High Court, April (...)

The EU Court of Justice issues preliminary ruling holding that national courts need to balance on a case-by-case basis the interest of preserving the effectiveness of leniency programs and that of facilitating private enforcement by third parties (Pfleiderer)
Winston & Strawn (London)
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Ashurst (Frankfurt)
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 June 2011, the European Court of Justice (ECJ) handed down a key judgment regarding the interplay between national leniency programmes and the right of (...)

The Dutch Competition Authority imposes fines totalling more than €81 million on a cartel in the flour industry (Meneba / Ranks / Dossche / Werhahn)
European Commission (Brussels)
The Netherlands: The Competition Authority (NMa) imposes Fines totalling more than € 80 000 000 for Cartel in Flour Industry* On 22 December 2010, the NMa has imposed fines totalling € 81 600 000 on flour producers in the Netherlands, Belgium and Germany. Fifteen undertakings gathering in (...)

The Austrian Supreme Court rules on the requirements for granting the Competition Authority a search warrant to enter the premises of an attorney suspected of possessing relevant document in a cartel case (Feuerwehrfahrzeuge II)
Salzburg University
1. Background This case follows on from the proceedings 16 Ok 7/09 in which the Federal Cartel Authority (Bundeskarellamt) investigated four undertakings for participating in collusive practices pursuant to Art 101 TFEU by dividing up their market share. The four undertakings had consulted (...)

The OECD holds a roundtable on collusion and corruption in public procurement
OECD - Competition Division (Paris)
Collusion and corruption are distinct problems within public procurement, yet they may frequently occur in tandem, and have mutually reinforcing effect. They are best viewed, therefore, as concomitant threats to the integrity of public procurement. The distinctiveness of public procurement and (...)

The French Competition Authority issues an opinion on the EU Regulation 2790/99 and the guidelines on vertical restraints
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the modernization undertaken by the European Commission and recommends that the Commission better explains the balance it intends to guarantee between online trade and (...)

The French Competition Authority imposes a €41,1 million fine in a jet fuel cartel (Chevron-Texaco / Total / Exxon Mobil / Shell)
Van Bael & Bellis (Brussels)
On 4 December 2008, the French Competition Council imposed fines totalling € 41.1 million on fuel companies of the Chevron-Texaco, Total, Exxon Mobil and Shell groups for collusive tendering in the supply of aviation fuel in 2002. Total Réunion, Total Outre Mer, Chevron Products Company, Shell (...)

The EU Commission introduces a new settlement procedure for cartel cases during investigations
Linklaters (Paris)
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Monckton Chambers (London)
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Linklaters (London)
On 30 June 2008, the European Commission introduced a new settlement procedure for cartel cases. Under the new procedure, the parties in a cartel investigation may acknowledge their breach of European antitrust law and waive certain procedural rights in exchange for a 10% reduction of the fine. (...)

The German Competition Authority imposes a €62 million fine on decor paper manufacturers (Munksjö Paper / Felix Schoeller / Arjo Wiggens)
Van Bael & Bellis (Brussels)
The German Federal Cartel Office (“FCO”) has recently fined three manufacturers of decor paper a total of € 62 million for infringing German competition law by engaging in the fixing of prices between August 2005 and early November 2007 and by agreeing on capacity closures in the second half of (...)

The UK Competition Authority initiates criminal proceedings against cartel members for the first time in its history following unprecedented levels of co-operation with US authorities (Marine Hoses Cartel)
Womble Bond Dickinson (Washington)
On 19 December 2007, the British Office of Fair Trading (“OFT”) announced that an oil industry executive trio was charged with cartel offences under the Enterprise Act 2002 (the“Act”). This is a historic move for the OFT as it uses its powers under the Act for the first time since the Act came (...)

The International Competition Network issues a report on co-operation between Competition Authorities in cartel investigations
Hong Kong Competition Commission
"Co-operation between competition agencies in cartel investigations"* The International Competition Network barely needs introduction by now. Created in 2001, this worldwide network of competition agencies, with no concrete headquarters or permanent secretariat, works on substantial and (...)

The EU Member States and the US sign a new cooperation agreement in the air transport sector
European Commission - Secretariat General (Brussels)
"New EU-US cooperation agreement in air transport"* I. Introduction On 30 April 2007, the long awaited EU-US air transport agreement was signed at the EU-US summit in Washington after its approval at the EU Transport Council on 22 March 2007. This so-called first stage agreement will be (...)

The ECN publishes its work on the model leniency programme setting out the basis for soft harmonisation of all EU leniency programmes
DG COMP (Brussels)
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DG COMP (Brussels)
"ECN Model Leniency Programme - a first step towards a harmonised leniency policy in the EU"* I. Introduction The co-existence of several leniency programmes within the EU and the practical implications of the ECN work-sharing mechanisms for the handling of leniency cases has been debated (...)

The EU Commission publishes a paper concerning issues of competition in waste management systems
DG COMP (Brussels)
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DG COMP (Brussels)
"Competition issues in waste management systems"* 1. Introduction On 22 September 2005, DG Competition published the ‘DG Competition Paper concerning issues of competition in waste management systems’ (the Paper) on its internet website. The Paper sets forth key competition issues, in (...)

The EU Commission approves the amended supply agreements between the largest Belgium brewer and the Horeca outlets located in the Belgium market (Interbrew)
Netherlands Authority for Consumers & Markets (The Hague)
"European Commission opens up Interbrew’s Belgian horeca outlets to competing beer brands"* On 15 April 2003, the European Commission approved the amended supply agreements between Interbrew, the largest brewer in Belgium, and pubs, restaurants or hotels (horeca-outlets) located on the Belgian (...)

The EU Commission rules against the collusive behaviour of the world’s two leading fine arts auction houses (Christie’s & Sotheby’s)
European Commission (Brussels)
"Commission rules against the collusive behaviour of Christie’s and Sotheby’s"* In a decision adopted on 30 October 2002, the European Commission found that Christie’s and Sotheby’s, the world’s two leading fine arts auction houses, breached European Union competition rules by colluding to fix (...)

The EU Commission and the UK Competition Authority raise concerns about a proposed alliance between British and US companies airlines (British Airways / American Airlines)
DG COMP (Brussels)
"Air transport — The proposed British Airways-American Airlines alliance"* In August 2001, the Commission, the UK Office of Fair Trading (‘OFT’) and the US Department of Transportation (‘DoT’) were informed of the intention of British Airways (‘BA’) and American Airlines (‘AA’) to deepen their (...)

The EU Commission agrees to render public a report prepared by an independent group of experts concerning competition policy in the new trade order
DG COMP (Brussels)
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DG COMP (Brussels)
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International Commission for the Conservation of Atlantic Tunas (ICCAT)
Report of group of experts on competition policy in the new trade order* The successful conclusion of the Uruguay Round negotiations in December 1993 and the gradual reduction of state imposed trade barriers has put the spotlight firmly on related areas which could have the effect of (...)

The Canadian Competition Authority Commissioner talks in Kashipur about the importance of competition to an effective economy and compliance
Steve Szentesi Law Corporation (Vancouver)
Canada’s Commissioner of Competition Talks Compliance & Cooperation (in India)* Canada’s (relatively new now) Commissioner of Competition is on the road at the moment, having delivered in India on 20 November 2013. In a short but focused speech in Kashipur India, the Commissioner focused (...)

The EU Commission signs an agreement with the Swiss Competition Authority to strengthen cooperation between them and enable the exchange of information on antitrust matters
Morgan Lewis (London)
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Squire Patton Boggs (London)
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United Kingdom’s Competition Authority - CMA (London)
The European Commission (EC) and the Swiss Competition Commission (SCC) have signed an agreement to strengthen cooperation between them and enable the exchange of information on antitrust matters. The agreement will enter into force once it has been approved by the European Parliament and the (...)

Unilateral Practices

The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive 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 tech company’s mobile app store (Apple App Store)
United Kingdom’s Competition 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 level competitive playing field in sports sector
White & Case (Dusseldorf)
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White & Case (Dusseldorf)
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 which (...)

The EU Commission invites comments on pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)
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 (...)

The Dutch Competition Authority extends its investigation into abuse of dominance by manufacturer of orphan drug CDCA (Leadiant)
Netherlands Authority for Consumers & Markets (The Hague)
ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position in (...)

The US State Attorneys General from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / Ebay / Walmart / Craigslist) Free
Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The US State Attorneys General from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to more rigorously monitor price gouging practices by online sellers using their services (Amazon / Facebook / Ebay / Walmart / Craigslist) Free
Office of the Attorney General - Pennsylvania
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The French Competition Authority starts, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The German and UK Competition Authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)
European Commission (Brussels)
Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

The EU Commission opens in-depth investigation over the alleged antitrust violations in the online search market (Microsoft / Google)
Wolters Kluwer (Riverwoods)
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

Mergers

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)
,
United Kingdom’s Competition 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
Covington & Burling (Brussels)
,
Covington & Burling (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 to the (...)

The EU Commission revamps its approach to Member State referrals as set out in article 22 of the Merger Regulation
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
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 “Guidance”) (...)

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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Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (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 level. On (...)

The EU Commission publishes guidance on article 22 referrals for transactions falling below national thresholds
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (Dusseldorf)
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 thresholds (...)

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 mergers (...)

The Japanese Competition Authority reviews the proposed acquisition of American consumer electronics and fitness retailer by 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 (a (...)

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)
,
Herbert Smith Freehills (London)
,
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 Regulation (...)

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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Bird & Bird (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 (...)

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 authorities (...)

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 XXXLutz (...)

The French Competition Authority clears the acquisition of 556 stores subject to divestment of 9 stores (Leader Price / Aldi)
French Competition Authority (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 conditions. (...)

The Dutch Government implements the European regulation establishing a framework for the screening of foreign direct investments into the Union
Van Bael & Bellis (Brussels)
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 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 sale of firm’s global total ankle replacement business as a remedy to clear the merger of medical suppliers of orthopaedic products (Stryker / Wright Medical Group)
United Kingdom’s Competition 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 pharmaceutical merger with 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 request the EU Commission for a referral to review a proposed merger impacting retail and wholesale telecommunications markets in the UK (Virgin / O2)
United Kingdom’s Competition 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 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 and (...)

The US DoJ supports the FTC’s proposal of modernizing merger filing exemptions for certain investments
US Department of Justice - Antitrust Division (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 a (...)

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)
,
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 come into (...)

The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity
Dechert (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 DoJ and FTC propose to renew their HSR rules to create 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 under (...)

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)
,
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 1976 (...)

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
French Competition Authority (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 by (...)

The UK Competition Authority confirms its intention to cancel investigation into a merger of online advertising agencies because it is abandoned (Taboola / Outbrain)
United Kingdom’s Competition Authority - CMA (London)
Digital advertising merger to be abandoned during CMA investigation* Taboola has announced that it is to abandon its proposed purchase of Outbrain. The Competition and Markets Authority (CMA) has therefore today confirmed it intends to cancel its investigation into the potential 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 merger in animal healthcare, subject to structural conditions (Elanco / 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 of (...)

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)
French Competition Authority (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 US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix)
Baker Botts (Washington)
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Baker Botts (Washington)
On May 12, 2020, the Department of Justice moved the U.S. Court of Appeals for the Third Circuit to vacate the U.S. District Court for the District of Delaware’s U.S. v. Sabre Corp. opinion. In an opinion released on April 7, the court rejected DOJ’s challenge to the proposed merger of Sabre and (...)

The UK Competition Authority stops its phase II investigation after 2 education publishers decide to abandon the merger (McGraw-Hill Education / Cengage Learning)
United Kingdom’s Competition Authority - CMA (London)
Publishing merger abandoned after CMA investigation* McGraw-Hill Education has abandoned its proposed deal with Cengage Learning after competition concerns raised by the CMA. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 (...)

The US DoJ welcomes the UK Competition Authority’s prohibition of a merger between two travel technology companies resulting in the parties abandoning merger worldwide, even though in the US the DoJ’s prohibition was rejected by US District Court (Sabre / Farelogix)
US Department of Justice - Antitrust Division (Washington)
Statement from Assistant Attorney General Makan Delrahim on Sabre and Farelogix Decision to Abandon Merger* Sabre Corporation and Farelogix, Inc. announced today the termination of their merger agreement. The Department of Justice filed a civil antitrust lawsuit on Aug. 20, 2019, to block (...)

The Danish Competition Authority makes its first merger referral to the EU Commission on the basis that it might affects markets in multiple other Member States (Mastercard / Nets)
Danish Competition and Consumer Authority (Copenhagen)
The European Commission to decide on the Master-card/Nets merger* The Danish Competition and Consumer Authority has referred the proposed merger between Mastercard and Nets to the European Commission. This is because the Danish Competition and Consumer Authority has come to the conclusion that (...)

The US DoJ requires divestitures in a merger of two national defence contractors to address vertical and horizontal antitrust concerns (United Technologies Corporation / Raytheon)
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Divestitures in Merger Between UTC and Raytheon to Address Vertical and Horizontal Antitrust Concerns* Divestitures Will Preserve Competition in the United States for Military Airborne Radios, Military GPS Systems, and Reconnaissance Satellite Components The (...)

The US FTC clears a global biopharmaceutical merger subject to several divestments in highly concentrated product markets for ten products that companies use to manufacture biopharmaceutical drugs (Danaher Corporation / GE Biopharma)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Danaher Corporation’s Acquisition of GE Biopharma* Merger likely to reduce competition in highly concentrated markets that supply biopharmaceutical companies with key inputs Danaher Corporation has agreed to divest assets to settle Federal Trade Commission charges (...)

The French Competition Authority publishes its contribution to the debate on competition policy and digital challenges with a section dedicated to the redefinition of its merger control tools in the digital economy
Bird & Bird (Paris)
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Bird & Bird (Paris)
Since 2017, the French Competition Authority (FCA) has been working on the simplification and modernisation of merger control in France, which resulted in particular in: (i) several public consultations on new guidelines aiming at replacing the current ones in the course of 2020; (ii) a new (...)

The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)
Orrick, Herrington & Sutcliffe (Washington)
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Orrick, Herrington & Sutcliffe (Washington)
In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. When (...)

The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)
United Kingdom’s Competition Authority - CMA (London)
Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the proposed (...)

The UK Competition Authority issues its draft guidance concerning the application of competition law in the event of a no-deal Brexit scenario
Baker Botts (Brussels)
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Baker Botts (Brussels)
The UK Competition and Markets Authority (CMA) has issued a draft guidance paper (Draft Guidance) concerning the application of UK competition law in the event that the UK withdraws from the EU in a "no-deal" Brexit scenario. Contained in the Draft Guidance are specific guidelines on the impact (...)

The EU Commission clears the acquisition subject to conditions of global office supplies company by its leading competitor but it is subsequently rejected by US FTC (Staples / Office Depot)
DG COMP (Brussels)
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DG COMP (Brussels)
,
DG COMP (Brussels)
Staples/Office Depot: House of Paper* In a nutshell: In February this year, the European Commission approved the acquisition of Office Depot by Staples. Three months later, the US District Court for the District of Columbia granted the FTC’s request for a preliminary injunction to block the (...)

The UK Supreme Court confirms the Competition Authority’s decision to treat an acquisition of 3 ferries and related assets as a merger (Eurotunnel / SeaFrance / MyFerryLink)
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes Supreme Court judgment in Eurotunnel case* The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case. In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct approach (...)

The EU Commission clears the acquisition of a global semiconductor manufacturer, subject to the divestment of its radio frequency power business (NXP / Freescale)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
NXP / Freescale: global remedies in a 3 to 3 semiconductor merger* In a nutshell: The case concerned the combination of two major semiconductor manufacturers active worldwide, which was reviewed in several jurisdictions. The Commission cooperated particularly closely with the US FTC to ensure (...)

The EU Commission conditionally clears a merger following an in-depth investigation (Zimmer / Biomet)
DG COMP (Brussels)
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DG COMP (Brussels)
Introduction On 30 March 2015, the European Commission conditionally cleared Zimmer’s acquisition of Biomet, following an in-depth investigation. Zimmer and Biomet are two of the five leading competitors in the medical implants industry. The transaction was initially notified on 3 June 2014, (...)

The US DoJ approves a merger under conditions to resolve a vertical antitrust concern in the vehicle air springs market (Continental / Veyance Technologies)
Doyle, Barlow & Mazard (Washington DC)
DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern* On December 11, 2014, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions. The settlement agreements requires Continental to (...)

The Australian Competition Authority and the Chinese MOFCOM sign a memorandum of understanding allowing the exchange of information between the agencies on mergers that affect both the Australian and Chinese markets
Australian Competition and Consumer Commission (Canberra)
Australia and China to increase cooperation on mergers regulation* The Australian Competition and Consumer Commission and the Ministry of Commerce of the People’s Republic of China (MOFCOM) have signed a memorandum of understanding. ACCC Chairman Rod Sims said the agreement paves the way for (...)

The OECD holds a roundtable on remedies in cross-border merger cases
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * Considering the discussion at the roundtable, the Note by the Secretariat as well as the delegates’ written submissions, several key points emerge: (1) Cross-border mergers raise specific challenges for competition authorities reviewing the transaction (...)

The UK Competition Authority rules that the operators of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
DLA Piper (London)
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United Kingdom’s Competition Authority - CMA (London)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

The Brazilian Competition Authority analyses two international mergers with intense cooperation with EU DG-Competition indicating a new approach for international merger review in Brazil (Mach / Syniverse / Munksjö / Ahlstrom)
OECD - Competition Division (Paris)
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
CADE has recently analyzed two international mergers with intense cooperation with DG-Competition. In fact, these two cases reflect the advances brought by new Competition Law. In the previous law, CADE would only analyze cases after their approval by other jurisdictions. With the institution (...)

The EU Commission unconditionally clears the acquisition by Japanese imaging equipment company of Belgian software provider (Canon / I.R.I.S.)
Van Bael & Bellis (Brussels)
On 18 February 2013, the European Commission unconditionally cleared the acquisition by Japanese imaging equipment company Canon of Belgian software provider I.R.I.S.. The transaction did not meet the EU notification thresholds, but was referred to the European Commission by the (...)

The UK Court of Appeal addresses the issue of the duty of sincere cooperation between national competition authorities and the European institutions in the context of merger control (Ryanair / Aer Lingus)
United Kingdom’s Competition Authority - CMA (London)
Summary In 2012 the low-cost company Ryanair flew twice to the Court of Appeal in the UK, in an attempt to further explore the duty of sincere cooperation between national competition authorities and the European institutions. Ryanair did not get good value for money: at both occasions it was (...)

The UK Competition Authority gives a provisional clearance to the anticipated joint venture between in-flight catering services companies (Alpha Flight / LSG Lufthansa Service)
Herbert Smith Freehills (Brussels)
Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), for an (...)

The US DoJ conditionally approves a combination of stock exchange groups while the EU Commission’s review is still pending (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
U.S. Justice Department Conditionally Approves Combination of Stock Exchange Groups, European Review Still Pending* The prospects for the merger of Deutsche Börse AG and NYSE Euronext are looking a little brighter, since the U.S. Department of Justice Antitrust Division conditionally approved (...)

The EU Commission and the EU National Competition Authorities agree on best practices concerning cross-border mergers
University of California (Berkeley)
EU and European National Competition Authorities agree on best practices concerning cross-border mergers* The European National Competition Authorities ("NCAs") and the European Commission have agreed on “Best Practices on Cooperation between EU National Competition Authorities in Merger (...)

The EU Commission, the US DoJ and the US FTC issue the revised best practices on cooperation in merger investigations
Sullivan & Cromwell (Brussels)
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Sullivan & Cromwell (Brussels)
,
Wilson Sonsini Goodrich & Rosati (Washington)
This article is the winner for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Competition Directorate-General of the European Commission (DG Competition) and the Department of Justice (DOJ) and (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision that it is "in time" to investigate the acquisition of a minority shareholding in a merger case concerning the air transport sector (Ryanair / Aer Lingus)
Herbert Smith Freehills (Brussels)
All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. The author would like to thank Natalia Sivakumaran, associate at Herbert Smith LLP in London, for her assistance with the preparation of (...)

The Spanish Parliament broadens merger filing exemption and enhances government coordination
Jones Day (Madrid)
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Jones Day (Madrid)
On March 5, 2011, the Spanish Parliament amended the Spanish Competition Act 15/2007, affecting merger filing requirements and the changing the interaction between the National Competition Commission (NCC) and the national regulatory authorities (NRAs), which govern businesses in energy, (...)

The OECD holds a roundtable on cross-border merger control and the challenges for developing and emerging economies
OECD - Competition Division (Paris)
Effective merger control of cross-border mergers requires that the countries involved have effective merger control regimes. However, this may be a challenging task in many developing and emerging economies (DEEs) given the complexities of enforcing competition law in these economies. In (...)

The UK OFCOM investigates implications on media plurality arising from a merger in the audiovisual sector (News Corp / BSkyB)
Van Bael & Bellis (Brussels)
On 4 November 2010, the UK Secretary of State for Business, Innovation and Skills instigated an investigation by the UK Office of Communications (Ofcom) into the implications that News Corp’s proposed buyout of UK satellite broadcaster BSkyB may have for media plurality in the UK. The first (...)

The US FTC and DoJ release for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Kirkland & Ellis (New York)
As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

The EU Commission clears, subject to conditions, a merger between French and German telecommunications companies in the UK (Orange / T-Mobile)
JG Associates (Brussels)
"Merger: main developments between 1 January and 30 April 2010" The Commission cleared, 1 March, the proposed merger of Orange UK and T-Mobile UK, respectively France Télécom’s (FT) and Deutsche Telekom’s (DT) UK subsidiaries. The decision is conditional, firstly upon the amendment of an existing (...)

The EU Commission unconditionally clears a merger between two US software companies (Oracle / Sun Microsystems)
European Commission (Brussels)
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European Commission (Brussels)
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European Commission - DG MOVE
Oracle/Sun Microsystems: The challenge of reviewing a merger involving open source software* I. Introduction On 21 January 2010 the Commission unconditionally cleared the planned takeover of Sun Microsystems (‘Sun‘), a software and hardware vendor, by Oracle Corporation (‘Oracle‘), one of the (...)

The EU Commission clears, subject to conditions, a merger between two Japanese industrial services companies (Sanyo / Panasonic)
JG Associates (Brussels)
"Merger: main developments between 1 September and 31 December 2009"* On 29 September 2009 the European Commission cleared the acquisition of Sanyo Electric Co., Ltd. by Panasonic Corporation, both of Japan. The approval was conditional upon the divestment of certain battery production (...)

The EU Commission conditionally approves a merger between two consumer electronics manufacturers (Sanyo / Panasonic)
DG COMP (Brussels)
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European Investment Bank (Vienna)
,
European Commission (Brussels)
"Merger Case M.5421 Panasonic/Sanyo – Batteries included or ‘lost in translation’?"* I. Introduction It would be fair to say that consumer electronic products, rather than batteries, are perhaps the first things that come to mind when the names ‘Panasonic‘ and ‘Sanyo‘ are mentioned. Although the (...)

The Chinese State Council publishes new merger notification thresholds under the Anti-Monopoly Law
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (Washington)
The State Council has published the long-awaited Regulation on Notification Thresholds for Concentrations of Undertakings (the « Regulation»). The new thresholds supplement the merger control rules under the Anti-Monopoly Law (« AML»), which contains no specific notification thresholds. The new (...)

The US DoJ imposes the divestiture of national operations prior to approving a merger in the market for carbon bonded ceramics products (Cookson / Foseco)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ challenged the proposed merger of Cookson Group PLC and Foseco PLC, ultimately reaching a consent decree with the merging parties on March 4, 2008. The terms of the consent decree mandated that Foseco divest its U.S. operations for producing carbon bonded ceramics (“CBC") before (...)

The EU Commission clears a merger in the online advertising market applying for the first time the non horizontal merger guidelines (Google / DoubleClick)
DG COMP (Brussels)
,
DG COMP (Brussels)
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European Commission (Brussels)
"Google/DoubleClick: The first test for the Commission’s nonhorizontal merger guidelines"* I. Introduction The Google/DoubleClickmerger generated considerable interest as it concerned the ubiquitous search engine that most Europeans use in their daily lives. From a competition policy (...)

The EU Commission conditionally clears a merger between two UK foundry industry suppliers in parallel with US DoJ (Cookson / Foseco)
DG Economic and Financial Affairs (ECFIN) (Brussels)
"Cookson/Foseco: merger of foundry industry suppliers reviewed in parallel by the EU and the US"* On 4 March the Commission approved the proposed acquisition of Foseco by Cookson. Both companies are based in the UK. The Commission’s decision was conditional on the divestiture of Foseco’s (...)

The EU Commission conditionally clears a merger in the financial information sector (Thompson / Reuters)
JG Associates (Brussels)
,
DG COMP (Brussels)
Mergers: main developments between 1 January and 30 April 2008* On 19 February the Commission approved the proposed acquisition of the UK-based Reuters Group by Thomson Corporation of Canada, subject to conditions and obligations. The Commission’s in-depth investigation, opened in October 2007, (...)

The EU Commission conditionally clears a merger in the mining industries breaking new ground in the Commission’s practice with regard to efficiencies and remedies in merger cases (Inco / Falconbridge)
DG COMP (Brussels)
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Morpho (Safran)
,
DG COMP (Brussels)
Inco/Falconbridge: A nickel mine of applications in efficiencies and remedies* 1. Introduction Following an in-depth investigation, on 4 July 2006, the Commission approved the acquisition by Inco Limited (“Inco”) of Falconbridge Limited (“Falconbridge”), subject to conditions and obligations. (...)

The Slovak and Austrian Competition Authorities investigate on an agreement between Vienna and Bratislava airports (TwoOne)
Freshfields Bruckhaus Deringer (Bratislava)
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Šoltýs & Korniet (Bratislava)
In early February 2006 the Slovak Government approved the strategic partner for the Bratislava and Kosice Airports - the consortium “TwoOne” which should acquire a 66-percent stake in both airports. It is important to highlight that one of the partners of the consortium TwoOne is also the Vienna (...)

The EU Commission conditionally clears a merger in the airlines industry (Lufthansa / Swiss Airlines)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission has cleared under the EC Merger Regulation the proposed acquisition by German air transport company Deutsche Lufthansa of the Swiss International Air Lines. The Commission’s clearance is conditional upon the (...)

The EU Commission conditionally clears a merger in the financial data industry (Telerate / Reuters)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission cleared the acquisition of the financial data provider Moneyline Telerate Holding (‘Telerate’) by its major global competitor, Reuters Limited (‘Reuters’). The Commission’s review of the operation highlighted (...)

The EU Commission approves a merger between competitors in software applications for businesses (Oracle / PeopleSoft)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger control: Main developments between 1 September and 31 December 2004"* The Commission approved Oracle Corp’s acquisition of PeopleSoft Inc. The two companies are rival makers of software applications for businesses. After a detailed investigation, the Commission concluded that there was (...)

The EU Commission clears at phase I, subject to a structural remedy, the acquisition whereby a wholly-owned subsidiary would acquire a non-destructive testing business in the electric sector (GE / GEAE)
Trinity College Dublin
Introduction 1 On 5 December 2003 the European Commission (the Commission), cleared at Phase I, subject to a structural remedy, the acquisition whereby the General Electric Company (GE), via a wholly-owned subsidiary, GE Aircraft Engines (GEAE), would acquire Agfa-Gevaert’s non-destructive (...)

The EU Commission clears a merger in the portable ultrasound non destructive testing devices (Agfa / GE)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 5 December the Commission cleared the proposed acquisition of Agfa‘s non-destructive testing (NDT) business by General Electric (GE) of the US. GE is a diversified industrial corporation active gobally in (...)

The OECD holds a roundtable on merger remedies
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the member country submissions, and the background paper, a number of key points emerge: (1) When (...)

The EU Commission conditionally clears a merger in the medical devices market (GE Medical Systems / Instrumentarium)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* In September the Commission approved, subject to conditions, the acquisition by GE Medical Systems of the Finnish firm Instrumentarium. The proposed acquisition was notified to the Commission on 28 February (...)

The EU Commission clears a merger between two Japanese manufacturers of cameras, photocopiers and other imaging products (Minolta / Konica)
DG COMP (Brussels)
"Merger control: main developments between 1st May and 31st August 2003"* On 11 July the Commission decided to clear the proposed acquisition of Minolta by Konica, two Japanese manufacturers of cameras, photocopiers and other imaging products. Both Konica and Minolta develop and manufacture (...)

The EU Commission conditionally clears the merger of the medical ventilators, anaesthesia delivery systems and patient monitoring businesses of two German companies (Siemens / Drägerwerk / JV)
DG Economic and Financial Affairs (ECFIN) (Brussels)
"Merger Control: Main developments between 1st January 2003 and 30th April 2003"* On 30 April 2003, the Commission approved, subject to conditions, the merger of the medical ventilators, anaesthesia delivery systems and patient monitoring businesses of Siemens AG and Drägerwerk AG, two German (...)

The EU Commission conditionally clears a merger in the pharmaceutical sector creating the largest pharmaceutical company in the world in terms of sales and R&D spending (Pfizer / Pharmacia)
DG Economic and Financial Affairs (ECFIN) (Brussels)
"Merger Control: Main developments between 1st January 2003 and 30th April 2003"* The European Commission authorised, subject to conditions, the acquisition of Pharmacia Corporation (Pharmacia) by Pfizer Inc. (Pfizer) in a deal creating the largest pharmaceutical company in the world in terms (...)

The EU Commission clears an acquisition in the markets for crop protection, professional pest control and animal health products subject to substantial divestitures (Bayer / Aventis / Crop Science)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission decided to clear Bayer‘s acquisition of Aventis Crop Science (ACS), subject to substantial divestitures. As initially notified, the operation would have led to the creation or strengthening of (...)

The EU Commission conditionally approves a proposed acquisition of an Italian chemicals company by a Belgian chemicals company (Solvay / Ausimont)
DG Economic and Financial Affairs (ECFIN) (Brussels)
,
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission conditionally approved the proposed acquisition of the Italian chemicals company Ausimont SpA by Solvay SA of Belgium from Montedison SpA. Solvay has committed itself to sell a state of the art (...)

The EU Commission adopts a green paper on the review of the merger regulation
Hong Kong Competition Commission
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DG COMP (Brussels)
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DG COMP (Brussels)
"Green Paper on the Review of the Merger Regulation"* On 11 December 2001, the Commission adopted a Green Paper on the Review of Council Regulation (EEC) No 4064/89, the Merger Regulation. The Paper calls for views on how the effectiveness of the legal framework for EU merger control might be (...)

The EU Commission approves, subject to remedies, a joint acquisition in the markets for transmission capacity and for mobile telephony (Pirelli / Edizione / Olivetti / Telecom Italia)
DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission approved the joint acquisition by Pirelli SpAand Edizione Holding SpA of the Olivetti SpA and indirectly of the undertakings controlled by the latter, namely Telecom Italia, which in turn owns (...)

The EU Commission, after an in-depth investigation, clears a merger between two nordic companies with worldwide activities in the production and distribution of machinery for the rock and mineral processing industry (Metso / Svedala)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* Following an in depth investigation, in January 2001 the Commission authorised the merger between Metso Corporation and Svedala AB, two Nordic companies with world-wide activities in the production and (...)

The EU Commission clears, following an in-depth investigation, an acquisition in the satellite industry (Boeing / Hughes)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* The European Commission decided to clear the proposed acquisition by the Boeing Company of the satellite business of Hughes Electronics Corporation following an in-depth investigation. The investigation (...)

The EU Commission prohibits a merger between two US telecommunications companies (MCI WorldCom / Sprint)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
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DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The Commission decided to prohibit the merger between US telecommunications firms MCI WorldCom Inc and Sprint Corp as it would have resulted in the creation of a dominant position in the market for top-level (...)

The EU Commission conditionally approves the acquisition of UK producer-branded and retailer branded-biscuits by US company (Nabisco / United Biscuits)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* This was the second time this year the Commission has had to rule on a take-over bid involving UB. It was a collective bid involving Finalrealm, the acquiring vehicle formed by Nabisco, US investment company Hicks, (...)

The US FTC imposes the largest retail divestiture in its history, affecting multiple levels of the production chain, before clearing one of the largest mergers in the gasoline industry (Exxon / Mobil)
Akin Gump Strauss Hauer & Feld (Dallas)
On November 30, 1999 after an extensive and in-depth investigation, the FTC announced that Exxon Corporation and Mobil Corporation agreed to enter into a consent decree, in which the FTC mandated significant structural changes to the corporations prior to approving their merger. The consent (...)

The EU Commission conditionally clears a merger between two US leading telecommunications companies (Worldcom / MCI)
European Commission - DG TRADE (Brussels)
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DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* In Worldcom/MCI, at the time of its announcement the plan to effect a US$37 billion merger between these two US telecoms companies was the largest merger plan in corporate history. The case was notified to the EU and US competition (...)

The EU Commission approves a merger between two Swiss based companies active in private and corporate banking and in the financial services business (Schweizerische Bankgesellschaft / Schweizerische Bankverein)
European Commission - DG TRADE (Brussels)
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DG COMP (Brussels)
"Mergers Recent important decisions" On 4 February, 1998 the undertakings Schweizerische Bankgesellschaft (SBG) and Schweizerischer Bankverein (SBV), two Swiss based companies active in private and corporate banking and in the financial services business world wide, notified their proposal to (...)

The EU Commission authorises the merger between two US civil and military aerospace companies raising the issue of international cooperation in antitrust matters (Boeing / McDonnell Douglas)
DG COMP (Brussels)
"International co-operation in antitrust matters: making the point in the wake of the Boeing/MDD proceedings"* Faced with “global” cases antitrust authorities worldwide need to cooperate Global trade and competition have an impact on most of the policies carried out by Governments all over the (...)

State Aid

The EU Commission allows under EU State aid rules an important project of common European interest notified by several member states to cooperate for the development of innovative products (IPCEI)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves a project to support research and innovation in the battery value chain (IPCEI)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
In the beginning of December, the European Commission approved an Important Project of Common European Interest ("IPCEI") to support research and innovation in the battery value chain. The project, which has a funding capacity of up to €3.2 billion, was jointly notified by Belgium, Finland, (...)

Procedures

The US DoJ signs a memorandum of understanding with Korean prosecution service to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries
US Department of Justice - Antitrust Division (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 Icelandic Parliament makes amendments to the competition act
Van Bael & Bellis (Brussels)
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 facilitate (...)

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 European (...)

The EU Commission adopts a formal decision that the UK will not be treated as an EU Member State for FDI regulation purposes
Covington & Burling (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 investment (...)

The Lithuanian Competition Authority updates rules on 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 UNCTAD urges Competition Authorities to use all their tools to combat the adverse consequences of COVID-19 in the markets Free
United Nations Conference on Trade and Development (UNCTAD)
Defending competition in the markets during COVID-19* Under normal circumstances competition is needed in markets to keep prices low, but with the COVID-19 crisis wreaking havoc on markets the world over, collaboration has taken precedence. The pandemic’s sweeping economic impact has left (...)

The Luxembourg Competition Authority clarifies implications of the European Competition Network’s joint statement on competition law during the COVID-19 crisis and announces it will prioritize competition cases related to the pandemic Free
Luxembourg Competition Council (Liège)
Coronavirus (Covid-19) and the implications for competition law in Luxembourg - joint action of the "European Competition Network (ECN)"* The "European Competition Network (ECN)" issued a joint statement of the European competition authorities for the uniform application of competition law (...)

The European Competition Network issues a joint statement announcing that its members will not actively intervene against ’necessary and temporary’ measures to avoid a shortage of supply during the COVID-19 outbreak Free
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Brussels)
Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to large-scale (...)

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak Free
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in this (...)

The Dutch Competition Authority assists the French Competition Authority in the dawn raids of a Dutch company in order to dismantle a cartel in the selling of apple sauce (Coroos)
Netherlands Authority for Consumers & Markets (The Hague)
ACM AND THE FRENCH COMPETITION AUTHORITY HAVE WORKED TOGETHER IN FINING A FRENCH CARTEL* The French competition authority today imposed fines, totalling 58.3 million euros, on seven food companies for concluding anticompetitive arrangements regarding the selling of apple sauce. These companies (...)

The UNCTAD and Turkish Competition Authority say that keeping markets fair in digital era requires stronger cooperation among national competition authorities
United Nations Conference on Trade and Development (UNCTAD)
Keeping markets fair in digital era requires stronger cooperation* As economies become more digital, keeping them competitive and fair requires stronger government cooperation, the first Istanbul Competition Forum heard on 25 November. The forum gathered more than two dozen competition (...)

The Finnish Ministry of Economic Affairs amends the merger control procedure and the inspection provisions
Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
The key amendments concern inspections carried out by the Finnish Competition and Consumer Authority ("FCCA") and the merger control procedure. The inspection provisions were amended to allow the FCCA to conduct searches within temporary copies of inspection data at its own premises instead of (...)

The International Competition Network adopts framework for Competition Authority procedures and new recommended practices for investigative process
International Competition Network (ICN)
Today, the International Competition Network (ICN) concluded its 18th annual conference with approval of new work on procedural fairness, vertical mergers, enforcement cooperation, agency organizational design, leniency, private enforcement, and vertical restraints. The conference took place (...)

The International Competition Network adopts a tool of cooperation to identify the main principles guaranteeing procedural fairness in procedures that implement competition law
International Competition Network (ICN)
A new tool of international cooperation to boost procedural fairness* The International Competition Network (ICN), gathering 138 international competition authorities, has adopted a new tool of cooperation, the Framework on Competition Agency Procedures (thereafter the “CAP”). The CAP fully (...)

The EU Commission welcomes provisional agreement reached by the EU Parliament and Council concerning new rules to make national competition authorities even more effective enforcers (ECN+ Directive)
DG COMP (Brussels)
Commission welcomes provisional political agreement reached by European Parliament and Council on new rules to make national competition authorities even more effective enforcers* The European Commission welcomes the provisional political agreement reached today by the European Parliament and (...)

The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority on the lawfulness of an inspection
University of Vienna
The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority concerning the lawfulness of an inspection in conjunction with Art. 22 and Art. 12 Council Regulation (EC) No 1/2003. By the judgement delivered in this present antitrust case the Supreme Court of (...)

The Japanese FTC and the EU Commission announce their intention to upgrade the current antitrust co-operation agreement between Japan and the EU
Norton Rose Fulbright (Brussels)
,
Norton Rose Fulbright (Brussels)
ENHANCED SHARING OF ANTITRUST EVIDENCE: NEW EU/JAPAN COOPERATION AGREEMENT* On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. (...)

The Hellenic Competition Authority updates its point system regarding the quantification of the criteria used in the prioritization of cases investigated
Hellenic Competition Authority (Athens)
Quantification of the criteria used in the prioritization of cases investigated by the Directorate-General for Competition by means of an updated “Point System”* By its unanimous Decision No. 616/2015 (as published in the Official Journal No. 585/ B’/4.3.2016) the Hellenic Competition Commission (...)

The Montenegrin and Croatian Competition Authorities sign a memorandum on cooperation
European Commission (Brussels)
Memorandum on Cooperation between Croatian and Montenegrin Competition Agencies* The Montenegrin Agency for Protection of Competition and the Croatian Competition Agency (CCA) signed on 1 June 2015 in Budva (Montenegro) a memorandum of cooperation. On behalf of the CCA, the Memorandum was (...)

The EU General Court extends the Commission discretion when rejecting complaints (Si.mobil)
Garrido Abogados (Madrid)
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DLA Piper (Brussels)
Si.mobil v European Commission (T-201/11) – ‎Undermining the Effectiveness of EU Competition law?* According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly (...)

The French and UK Competition Authorities adopt joint report on ecosystems in digital economy and their effects on competition
European Commission (Brussels)
Competition Authorities Produce Joint Report on Ecosystems in Digital Economy and their Effects on Competition* The report, which was adopted on 16 December 2014 by the Autorité de la concurrence and the Competition and Markets Authority, looks at the effects of ’open’ and ’closed’ ecosystems and (...)

The EU and Switzerland conclude an agreement to structure and facilitate the cooperation between Competition Authorities
European Commission (Brussels)
Swiss Cooperation Agreement on Competition Enforcement Enters into Force* On 29 September 2014, the Cartel Division of the Antimonopoly Office (AMO) initiated administrative proceedings against three undertakings for their suspected participation in a cartel agreement relating to public (...)

The Scottish Government decides to organise a referendum on Scotland’s status of independence and the impact on competition enforcement in Britain
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. Competition Policy and Scottish Independence* On 18 September 2014 Scottish residents will be asked whether Scotland should be an independent country. A discussion was held at the recent Antitrust Enforcement Symposium (held by the (...)

The Maryland District Court orders production of documents in response to request from Canadian Competition Bureau (Aegis Mobile)
Norton Rose Fulbright (Toronto)
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Norton Rose Fulbright (Ottawa)
Introduction The recent decision of the District Court of Maryland rendered on 4 August 2014, concerning Aegis Mobile, LLC signals a major development in cross-border regulatory enforcement and co-operation between Canada and the United States (US). Made pursuant to the US Safe Web Act, the (...)

The Latvian Competition Authority launches public consultation on case prioritisation strategy
European Commission (Brussels)
Latvia: The Competition Council launches Public Consultation on Case Prioritisation Strategy* The Competition Council (CC) of Latvia has developed and put out for public consultation a draft strategy of case prioritisation on 10 June 2014. The strategy sets out general principles and specific (...)

The International Competition Network approves recommended practices on competition assessment, a common leniency waiver template, the updates of the anti-cartel enforcement manual and the agency practice manual and several interactive training modules
German Competition Authority (Bonn)
Annual Conference of the International Competition Network in Morocco* The 13th Annual Conference of the International Competition Network (ICN) successfully concluded last Friday, April 25. Approximately 520 participants from 90 jurisdictions, including other representatives and stakeholders (...)

The Slovak and Czech Competition Authorities sign a memorandum of cooperation in order to develop and strengthen the existing good cooperation into the future
European Commission (Brussels)
Slovakia: Memorandum of Cooperation between Czech Office for the Protection of Competition and Antimonopoly Office of the Slovak Republic* On 16 April 2014, the Chairmen of the Antimonopoly Office of the Slovak Republic and the Office for the Protection of Competition of the Czech Republic (...)

The Australian Western government signs with COMESA a cooperation agreement in the fields of mineral and petroleum resources comprising six thematic areas among which the competition enforcement is not even mentioned
Primerio (Washington)
COMESA and W. Australia now economically linked via MoU* The Western Australian government has signed a Memorandum of Understanding with COMESA. Colin Barnett signed the papers yesterday, January 31, 2014. COMESA dutifully posted a news release on its web site, albeit misspelling the W. (...)

The New Zealand Competition Authority sets guidelines for international information requests
New Zealand Commerce Commission (Wellington)
Commerce Commission sets guidelines for international information requests* The Commerce Commission has today released its guidelines for Overseas Requests for Compulsorily Acquired Information and Investigative Assistance. The guidelines explain how the Commission deals with requests from (...)

The EU Commission signs memorandum of understanding on cooperation with the Indian Competition Authority
European Commission (Brussels)
European Commission: DG Competition signs Memorandum of Understanding on Cooperation with the Competition Commission of India* On 22 November 2013 the European Commission signed a Memorandum of Understanding (MoU) on cooperation in the field of competition laws with the Competition Commission (...)

The Indian Competition Authority and the EU Commission sign a memorandum of understanding in order to enhance the effective, transparent and non-discriminatory enforcement of competition laws
Indian Competition Commission (New Delhi)
Competition Commission of India and DG, Competition of the European Commission sign MOU* Competition Commission of India (CCI) and the Directorate General for Competition of the European Commission (DG, Competition) have signed a Memorandum of Understanding on Cooperation in the Field of (...)

The Croatian Competition Authority joins the European Competition Network after becoming the 28th EU Member State
European Commission (Brussels)
Croatia becomes 28th EU Member State and Croatian Competition Authority joins ECN* On 1 July 2013, Croatia joined the European Union and the Croatian Competition Agency (CCA) became a member of the ECN. The accession was celebrated with an event in Zagreb which gathered the highest EU (...)

The Polish Competition Authority publishes its annual report for 2012
Queen’s University Belfast
,
University of Warsaw
In May 2013 the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Competition Authority, published its Annual Report for 2012. This piece provides an overview of the reported activities within the competition law & policy domain, and comments on some of (...)

The European Competition Network publishes a new version of its model leniency programme
Morgan Lewis (London)
,
Squire Patton Boggs (London)
,
Jones Day (London)
The European Competition Network ("ECN") has published a new version of its Model Leniency Programme ("MLP"). The MLP makes it easier for companies that have uncovered evidence of participation by their employees in a cartel to "blow the whistle" in return for immunity from, or a reduction in, (...)

The Chinese and Australian Competition Authorities sign a memorandum of understanding
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
On 18 September 2012, the SAIC and the ACCC signed a Memorandum of Understanding. The MOU promotes cooperation and coordination between the SAIC and the ACCC, in particular with respect to competition law enforcement, consumer protection, online commodity trading and its related services, (...)

The EU Commission signs memorandum of understanding on cooperation with Chinese Antitrust Authorities
European Commission (Brussels)
European Commission signs Memorandum of Understanding on Cooperation with Chinese Antitrust Authorities, the National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC)* On 20 September 2012, the European Commission (Directorate-General for (...)

The Chinese and Brazilian Competition Authorities sign a memorandum of understanding
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
On 13 September 2012, the SAIC and CADE signed a Memorandum of Understanding. The MOU promotes and strengthens the institutional partnership between the SAIC and CADE, especially through information exchange and capacity building activities. In particular, the SAIC and CADE agreed to (...)

The Portuguese Competition Authority hosts delegation from China Anti-monopoly Bureau of MOFCOM
European Commission (Brussels)
Portugal: The Competition Authority hosts Delegation from China Anti-monopoly Bureau of MOFCOM* On 6 June 2012, the Portuguese Competition Authority hosted a delegation from the Antimonopoly Bureau of the Ministry of Commerce (MOFCOM AMB) of the People’s Republic of China. High-level officials (...)

The Chinese National Development and Reform Commission and the Korean FTC sign a memorandum of understanding on anti-monopoly cooperation
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
On 30 May 2012, China’s NDRC and Korea’s KFTC reached a MOU on antitrust cooperation. Mr Hu Zucai, Vice Chairman of the NDRC, and Mr Dongsoo Kim, Chairman of KFTC, signed the MOU in Beijing. The MOU establishes a long-term cooperation framework between the NDRC and the KFTC in eight areas. (...)

The EU and Switzerland set up the framework for possible future exchanges of information between their respective agencies
Bourgeois Avocats (Lausanne)
Originally published in the ABA International Antitrust Bulletin 2012 Volume 4 under the title “New Competition Cooperation Agreement between the European Union and Switzerland: A second generation Agreement and a door opened towards confidential information exchange” Introduction No one (...)

The Chinese Competition Authority sign a memorandum of understanding on antitrust cooperation with the US DoJ and FTC
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
On 27 July 2011, China’s three Anti-Monopoly Law enforcement agencies — the MOFCOM, the NDRC, and the State Administration for Industry and Commerce (SAIC) — signed a Memorandum of Understanding (MOU) with the DOJ and the FTC. The MOU was signed by Mr Gao Hucheng, China International Trade (...)

The US DoJ assistant Attorney General announces closer antitrust cooperation between the US and Chinese enforcement agencies
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Washington)
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 24, 2011, Assistant Attorney General Christine Varney announced that the U.S. antitrust enforcement agencies will be signing a cooperation agreement with (...)

The EU Commission publishes its annual report on competition policy for 2010
Court of First Instance of Namur (Namur)
On 10 June 2011, the Commission published its annual Report on Competition Policy for 2010. To celebrate the 40th anniversary of these reports, the 2010 edition begins with an overview of the major developments of competition policy and enforcement over the past 40 years. The Commission shows (...)

The EU Court of Justice rules that a National Competition Authority cannot adopt a decision ruling Articles 101 and 102 TFEU inapplicable (Tele2 Polska)
Vogel & Vogel (Paris)
The number-one Polish telecom operator – former State owned monopoly - was suspected of a violation of Article 8 of the Polish law on competition and consumer protection and of Article 102 of the Treaty on the Functioning of the European Union (TFEU). At the end of the procedure the Polish (...)

The EU Commission consults on best practices for cooperation between Member States Authorities on multi-jurisdictional mergers
Van Bael & Bellis (Brussels)
On 28 April 2011, the European Commission published for consultation draft Best Practices for cooperation between Member State competition authorities in the review of concentrations that fall outside the scope of the EU Merger Regulation but have to be notified in more than one Member State. (...)

The Greek, Irish and Portuguese Governments implement competition-related commitments enshrined in Memoranda of Understanding aimed at supporting the economic recovery
Portuguese Competition Authority (Lisbon)
Much has been discussed about the impact of the economic crisis on the enforcement of competition law and the implementation of structural reforms in key economic sectors. The recent experience with Greece, Ireland and Portugal regarding the economic adjustment programs concluded with the (...)

The Greek Government agrees to the Memorandum of Understanding with EU Commission, ECB, and IMF on specific economic and competition policy conditionality for granting financial assistance
Potamitis Vekris (Athens)
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Hellenic Competition Authority (Athens)
The views expressed here are the authors’ alone. 1. Introduction Faced with the current economic crisis, the Hellenic Competition Commission (HCC) has a crucial role to play in safeguarding the conditions of effective competition and in fostering a genuine “competition culture” in Greece. Free (...)

The Bulgarian Supreme Administrative Court discusses in detail the legal consequences of failure to comply with the obligation to inform the EU Commission (Insurance Cartel)
Paris Dauphine University
Abstract: The case provides an useful illustration of the impact the national institutional and procedural autonomy principle may have on the present EU antitrust enforcement system. Indeed, since Regulation 1/2003 is directly applicable within the national legal orders and consequently the (...)

The Chinese Competition Authority adopts two sets of procedural provisions to implement specific areas of the Anti-Monopoly Law
Kastell (Stockholm)
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Linklaters (Beijing)
On 5 June, China’s State Administration for Industry and Commerce (“SAIC”) adopted two sets of procedural provisions to implement three areas of the Anti-Monopoly Law (“AML”), namely monopolistic agreement, abuse of market dominant position, and abuse of administrative power (excluding such conduct (...)

The Chinese Competition Authority publishes new procedural rules for non-merger investigations
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (Washington)
On June 5, 2009, the PRC State Administration of Industry and Commerce (« SAIC ») published two new sets of procedural rules to implement the Chinese Anti-Monopoly Law (« AML »). One set of rules deals with procedures for the investigation and handling of cases involving monopoly agreements and (...)

The EU Commission adopts its 2009 legislative and work programme
Court of First Instance of Namur (Namur)
On 5 November 2008, the European Commission adopted its 2009 legislative and work programme, announcing the main initiatives it intends to pursue in 2009. These initiatives include a review of the 1995 Notice on cooperation between national courts and the Commission in the State aid field, a (...)

The Chinese State Council clarifies the structure and responsibilities of enforcement agencies under China Anti-Monopoly Law
Jones Day (Beijing)
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Winston & Strawn (Washington)
As the countdown to the August 1, 2008, effective date of the new China Anti-Monopoly Law (« AML ») nears its final stages, the structure and allocation of enforcement responsibilities under the AML is becoming slightly more clear. I. Background The AML establishes a two-tier enforcement (...)

The Swedish and Danish Competition Authorities conduct in the energy sector one of the first joint dawn raids made possible (Dong Naturgas / Nova Supply)
Cederquist (Stockholm)
In relation to an investigation of a concentration between the Danish company DONG Naturgas A/S (“Dong”) and Nova Supply AB, the Swedish Competition Authority (the “SCA”) came across information that indicated that the companies Öresundskraft AB and Dong had entered into a cooperation that would (...)

The US Congress adopts significant antitrust amendments within the Protection of the National Cooperative Research and Protective Act
Jones Day (Washington DC)
For much of the last decade, virtually all antitrust policy development arising out of Washington has come from the enforcement agencies. The other traditional Washington actors responsible for key shifts in antitrust policy and enforcement-Congress and the Supreme Court-have been largely (...)

The EU Council publishes its regulation and calls for cooperation among the National Competition Authorities in the European Competition Network
Nest Avocats (Paris)
1.The adoption of Regulation (EC) n° 1/2003 has undoubtedly encouraged the National Competition Authorities ("NCA") to be more eager in their application of Community law. This eagerness has been fuelled by a number of factors. Article 3§1 of Regulation n° 1/2003 requires that the NCAs apply (...)

The EU Council adopts new rules on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty
DG COMP (Brussels)
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European Anti-Fraud Office - OLAF (Brussels)
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DG COMP (Brussels)
"Regulation 1/2003 and the Modernisation Package fully applicable since 1 May 2004"* A. Overview of the new rules As from 1st May 2004, the new enforcement system for Articles 81 and 82 of the Treaty is fully applicable. With the entry into application of Regulation 1/2003, Regulation 17/62 (...)

The OECD holds a roundtable on communication by competition authorities
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Competition authorities devote substantial resources to communication using a variety of means to reach different target audiences (i.e. the business community, lawyers, public policy (...)

The EU Commission proposes to conclude an agreement with respect to EU/Japan cooperation
DG JUST (Brussels)
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DG COMP (Brussels)
"Enhanced EU/Japan co-operation : the Commission proposes to conclude an agreement"* Introduction On May 8, 2002, the Commission adopted a Proposal for a Council and Commission Decision concluding the Agreement between the European Communities and the Government of Japan concerning (...)

The EU Commission adopts the second report on application of the agreement between the EC and the Government of the USA regarding the application of their competition laws
Freshfields Bruckhaus Deringer (Brussels)
"Report on application of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws, 1 July 1996 to 31 December 1996"* On 4 July 1997 the Commission adopted the second report on the application of the (...)

The EU Commission adopts jointly with the Council a final draft concerning a cooperation agreement between the EC and Canada on the application of their competition laws
Freshfields Bruckhaus Deringer (Brussels)
"EC/Canada Cooperation Agreement"* In the beginning of July 1997 a draft Agreement between the European Communities and the Government of Canada regarding the application of their competition laws was finalised. This draft has been approved by the Council’s Working Group on Economic Questions (...)

The EU Commission adopts a proposal for a joint decision to conclude an agreement between the Commission and the US Government on the application of positive comity principles in the enforcement of their competition law
Freshfields Bruckhaus Deringer (Brussels)
"EC/US positive comity agreement"* On the 18th of June 1997 the Commission adopted a proposal for a joint Council and Commission decision to conclude an agreement between the European Communities and the Government of the United States of America on the application of positive comity (...)

The EU Commission issues a report on the application of the agreement between the EC and the government of the USA on the application of their competition laws
DG COMP (Brussels)
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DG COMP (Brussels)
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World Trade Organization (Geneva)
"Report on the application of the agreement"* At the time of Council’s approval of the 1991 Agreement between the European Communities and the Government of the United States of America on the application of their competition laws, the Commission undertook to make an annual report to the (...)

The EU Council and Commission approve the agreement with the US regarding the application of the competition rules
DG COMP (Brussels)
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International Commission for the Conservation of Atlantic Tunas (ICCAT)
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European Commission (Brussels)
"EU/US agreement on competition policy"* On Monday 10 April 1995 a joint decision [OJ L95 of 27 April 1995 as rectified by OJ L 134 of 20 June 1995] of the Council and the Commission approved the Agreement with the Government of the United States of America regarding the application of the (...)

The EU Court of Justice reviews the Antitrust agreement signed between the Commission and the United States and holds that the Commission acted outside its competence to conclude such an agreement
DG COMP (Brussels)
"Case 327/91 Judgement of the Court 9 August 1994 Agreement between the Commission and the United States regarding the application of their competition laws"* Pursuant to an action brought by the French Republic on 16 December 1991 under the first paragraph of Article 173 of the EEC Treaty and (...)

Regulatory

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 to (...)

The Hong Kong Competition Authority and the Securities and Futures Commission sign a memorandum of understanding to enhance collaboration and the exchange of information on competition issues in the securities and futures industry
Herbert Smith Freehills (Hong Kong)
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Reed Smith (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
On 28 April 2020, the Hong Kong Competition Commission (HKCC) and the Securities and Futures Commission (SFC) announced that they had signed a memorandum of understanding (MoU) to enhance collaboration and exchange of information, particularly in respect of competition issues in the securities (...)

The Mexican Competition Authority publishes its digital strategy outlining the procedure for analysis and investigations in digital markets
Mexican Competition Authority (Mexico City)
COFECE publishes its COFECE Digital Strategy, explaining the actions it will undertake to successfully address analyses and investigations in digital markets* The Mexican Federal Economic Competition Commission (COFECE or Commission) presents to the general public the document COFECE Digital (...)

The Belgian Competition Authority publishes its annual enforcement priorities for 2020
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 26 February 2020, the Belgian Competition Authority (“BCA”) published its annual enforcement priorities, which are largely similar to those of 2019: Telecommunications - the BCA notes that the increased reliance on bundled offers in the telecom retail markets has the effect of increasing (...)

The EU Commission publishes a package of initiatives on Europe’s digital future to create legislation on AI and big data
Norton Rose Fulbright (Brussels)
The New EU AI and Data Strategy and what it Means for EU Antitrust Reform* On February 19, the European Commission (EC) published a package of initiatives (the AI and Data Package) on Europe’s “digital future,” delivering on the promise in President von der Leyen’s political guidelines to put (...)

The Italian and Brazilian Competition Authorities sign a memorandum of understanding aimed at strengthening cooperation between the authorities in competition law matters
Court of First Instance of Namur (Namur)
On 11 February 2020, the Italian and Brazilian competition authorities signed a bilateral Memorandum of Understanding (the “Memorandum”) aimed at strengthening cooperation between the two authorities and at increasing their capacity to deal with market failures, anticompetitive practices and (...)

The EU Commission Vice-President is being intensely pressured from four large countries which wrote a joint letter to insist on a rapid competition law reform
Bird & Bird (Belgium)
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Bird & Bird (Brussels)
President Ursula Von der Leyen’s pledge to preside over a "geo-political" Commission is being put to the test by intense pressure from four large countries which are insisting on rapid competition law reform. In a strongly worded letter sent to Executive Vice President Margrethe Vestager on 4 (...)

The UK Competition Authority publishes its guidance on its role during the Brexit transition period
Court of First Instance of Namur (Namur)
On 28 January 2020, the UK’s Competition and Markets Authority (the “CMA”) published guidance to explain how it will conduct its work during the transition period as a result of the UK’s exit from the EU (the “Guidance”). The Withdrawal Agreement ratified between the UK and the EU details the terms (...)

The UK Competition Authority publishes its guidance on its functions under the withdrawal agreement setting out the regulator’s approach during the Brexit transition period
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 U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December (...)

The UK Competition Authority publishes guidance on how Brexit will affect its powers and processes for antitrust enforcement and merger control during the transition period
Baker McKenzie (London)
THE PRACTICAL ANTITRUST IMPLICATIONS OF TOMORROW: BREXIT DAY* As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition (...)

The OECD holds a roundtable on competition provisions in trade agreements
OECD - Competition Division (Paris)
The majority of trade agreements include a competition policy chapter or individual competition provisions. These cover a range of issues, such as the adoption or maintenance of competition laws, international co-operation on competition policy or the introduction of procedural safeguards. In (...)

The French and the German Competition Authorities publish collaborative work on algorithms
Bird & Bird (Paris)
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Bird & Bird (Paris)
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Bird & Bird (Dusseldorf)
Last month, the French Competition Authority ("FCA") and the Bundeskartellamt ("BKA") published a joint study on algorithms and their potential implications from a competition law standpoint. This study presents the results of nearly a year and a half of collaborative work between the two (...)

The French Competition Authority and the German Competition Authority present their joint study on algorithms and competition law
French Competition Authority (Paris)
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German Competition Authority (Bonn)
Algorithms are among the most important technological drivers of the ongoing digitalization process. They are becoming more and more important, enabling firms to be more innovative and efficient. However, debate has arisen on whether and to what extent algorithms might also have detrimental (...)

The French Competition Authority publishes alongside the German Competition Authority a report on algorithms and competition law
Italian Competition Authority (Rome)
THE AUTORITÉ DE LA CONCURRENCE AND BUNDESKARTELLAMT REPORT ON “ALGORITHMS AND COMPETITION”* I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the future, we (...)

The French and German Competition Authorities publish a joint study on algorithms and competition law
Court of First Instance of Namur (Namur)
On 6 November 2019, the French and German competition authorities presented their joint study on algorithms and competition at a conference in Paris. The study recognises algorithms as one of the “most important technological drivers of the ongoing digitalization process” but also identifies a (...)

The Belgian, Dutch and Luxembourg Competition Authorities advocate for an ex ante competition law enforcement in the digital world
Court of First Instance of Namur (Namur)
On 2 October 2019, the Belgian, Dutch and Luxembourg competition authorities took the unusual step of adopting a joint memorandum on the role of the competition authorities in a digital world. This joint memorandum discusses merger control issues, the need for guidance in fast-moving digital (...)

The German Competition Authority issues a report relating to the common understanding of G7 Competition Authorities on competition and the digital economy
German Competition Authority (Bonn)
Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues raised (...)

The UNCTAD meeting on competition law and policy adopts for consideration draft guiding policies and procedures aimed at tackling international antitrust concerns with Big Tech
United Nations Conference on Trade and Development (UNCTAD)
Competition law crosses the digital threshold* The disruptive effects of big technology companies on digital and offline markets was the subject of intense discussion at a recent UNCTAD meeting on competition law and policy. Governments gathered from 10 to 13 July at the United Nations’ (...)

The UK Competition Authority publishes its digital markets strategy to ensure a level playing field where all businesses can compete on the merits of their offering
Bird & Bird (London)
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Bird & Bird (London)
In the context of increasing enforcement in the digital sector, the CMA published its Digital Markets Strategy ("DMS") in July 2019. It aims to ensure a level playing field where all businesses can compete on the merits of their offering. The DMS sets out strategic aims supported by the (...)

The EU Parliament and Council adopt a directive to empower the Member states’ Competition Authorities to be more effective enforcers and to ensure the proper functioning of the internal market (ECN +)
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
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Norton Rose Fulbright (Brussels)
On 4 December 2018, the Council adopted the Directive 2019/1 to enable Member State competition authorities to be more effective enforcers (ECN+). This adoption followed an agreement reached with the European Parliament at first reading. In March 2017, the EC published a proposal for a new (...)

The UNCTAD and Egyptian Competition Authority launch regional training centre for competition in Cairo for 7 national competition authorities in the Middle East and North Africa region
United Nations Conference on Trade and Development (UNCTAD)
Cairo home to new competition-focused training centre* Competition agencies from seven Middle East and North African countries will benefit from world-class courses offered at innovative training hub in Egypt. Implementing competition law and policy has an increasingly regional flavour as (...)

The Botswana Minister of Investment, Trade and Industry welcomes voluntary peer review of legal and institutional competition framework
United Nations Conference on Trade and Development (UNCTAD)
Botswana greets scrutiny of competition law and policy* Botswana welcomes voluntary peer review of legal and institutional competition framework, underlining its government’s commitment to a fair business environment and protecting consumers. Citizens of Botswana can look forward to improved (...)

The UNCTAD meeting of experts examines competition issues for developing country regulators in the market for audio-visual rights to sports events
United Nations Conference on Trade and Development (UNCTAD)
Audio-visual sports rights experts step up to the plate* The battle for audio-visual rights to sports events is as fierce as the action on the field, and competition regulators in developing countries must be prepared to play the game. With half the globe glued to screens for the soccer World (...)

The UNCTAD Secretary-General tells Latin American national competition authorities they must band together to tame the abusive power of big tech in the global digital economy
United Nations Conference on Trade and Development (UNCTAD)
Unity needed to shield people and markets from digital giants* UNCTAD Secretary-General tells Latin American consumer protection and competition authorities they must band together to tame the abusive power of dominant players in the global digital economy. The best way to shield people and (...)

The Brazilian Competition Authority joins UNCTAD’s COMPAL program for strengthening institutions in competition and consumer protection laws in Latin America
United Nations Conference on Trade and Development (UNCTAD)
Brazil joins UNCTAD’s COMPAL Programme* The permanent mission of Brazil presented the letter of Mr. Alexandre Barreto de Souza, President of CADE, Brazil’s Competition Authority on 16 January, requesting his accession to UNCTAD’s COMPAL Program. The Administrative Council for Economic Defense (...)

The Finnish, Swedish, Danish, Norwegian and Icelandic Competition Authorities agree to enhance their co-operation in antitrust investigations by signing a cooperation agreement
Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
The Finnish, Swedish, Danish, Norwegian and Icelandic competition authorities have agreed to enhance their co-operation in antitrust investigations by signing a cooperation agreement on 8 September 2017. Currently, Finland, Sweden and Denmark have already acceded to the new agreement by (...)

The Russian Competition Authority’s Head calls for stronger cooperation in cross-border investigations and exchange of classified information at UNCTAD’s 16th session of the intergovernmental group of experts on competition law and policy
United Nations Conference on Trade and Development (UNCTAD)
Russia’s perspective on International Competition law and policies by of Mr. Igor Artemiev, Head of Federal Antimonopoly Service of the Russian Federation* The 16th session of the Intergovernmental Group of Experts on Competition Law and Policy took place in Geneve from 5-7 July 2017. Q: What (...)

The UNCTAD starts a 2-year EU-funded project worth 1M EUR aimed at strengthening competition and consumer protection for the Economic and Monetary Community of Central Africa (CEMAC)
United Nations Conference on Trade and Development (UNCTAD)
UNCTAD receives One Million Euros to strengthen Competition Laws in Central African countries* The United Nations Conference on Trade and Development (UNCTAD) is embarking on a two-year project aimed at strengthening competition and consumer protection for the Economic and Monetary Community (...)

The US FTC and DoJ publish antitrust guidelines for international enforcement and cooperation
McDermott Will & Emery (Washington)
,
Crowell & Moring (Washington)
,
McDermott Will & Emery (Washington)
On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the agencies and serve to update the Antitrust Enforcement Guidelines (...)

The US FTC and DoJ issue revised antitrust guidelines for international enforcement and cooperation
Weil, Gotshal & Manges (Washington)
,
Weil, Gotshal & Manges (Washington)
,
Weil, Gotshal & Manges (Washington)
Revised Antitrust Guidelines for International Enforcement and Cooperation issued by FTC and DOJ* On January 13, 2017, the DOJ and FTC jointly issued final updated Antitrust Guidelines for International Enforcement and Cooperation (Updated International Guidelines), which replace the 1995 (...)

The OECD holds a session on the role of market studies as a tool to promote competition
OECD - Competition Division (Paris)
Despite the fact that market studies are part of almost all work portfolios of Competition Agencies around the world, there are significant differences on their conception, goals and outcomes. The survey shows that market studies are at minimum, assessments of market structures and analysis of (...)

The OECD holds a roundtable on changes in institutional design of competition authorities
OECD - Competition Division (Paris)
Institutional design is a critical component of competition law and policy. Good competition laws on the books are meaningless without well-designed institutions to enforce them. At the same time, many different models exist and working out the optimal institutional design is complex since the (...)

The OECD holds a roundtable on enhanced enforcement co-operation
OECD - Competition Division (Paris)
International co-operation is a core part of the competition-related work at the OECD. The OECD Competition Committee is at the forefront in shaping of new and more effective forms of co-operation to the benefit of enforcers and business. In line with the OECD project on international (...)

The EU Commission signs a cooperation agreement with Switzerland to strengthen cooperation between their respective competition authorities
European Commission (Brussels)
European Commission: European Union and Switzerland sign Cooperation Agreement in Competition Matters* On 17 May 2013, the European Union (EU) and the Swiss Confederation have signed an agreement that will strengthen cooperation between their respective competition authorities, the European (...)

The OECD holds a roundtable on improving international co-operation in cartel investigations
OECD - Competition Division (Paris)
Executive summary, by the Secretariat From the background paper and the discussion at the roundtable on improving international co- operation in cartel investigations, the following points emerge: (1) The globalisation of business means cartel activity is increasingly international in scope. (...)

The OECD holds a roundtable on quantification of harm to competition by national courts and competition agencies
OECD - Competition Division (Paris)
Executive summary, by the Secretariat Considering the discussion at the roundtable, delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: (1) Quantifying harm to society and/or consumers resulting from anti-competitive conduct and quantifying harm to (...)

The West African Competition Authority finds that Senegal infringes the regional competition law by taking actions that foreclose its national market to competition from Ivory Coast raising issues related to the integration process in West Africa (Norme NS-072)
Max Planck Institute for Innovation and Competition (Munich)
1 Introduction and background on WAEMU This contribution reports on a case decided by the Competition Commission of the West African Economic and Monetary Union (WAEMU). The decision, Norme NS-72, raises issues at the cross-road of trade, regional integration and competition law. WAEMU is a (...)

The Nordic Competition Authorities publish a joint report on competition policy and financial crisis
European Commission (Brussels)
The Nordic Competition Authorities: Joint Report on the Financial Crisis - Regional Cooperation works: the Nordic Experience On 10 September 2009, the Nordic Competition Authorities published their joint report “Competition Policy and Financial Crisis - Lessons Learned and the Way Forward.” At (...)

The EU Commission signs with the Chinese Government an agreement on a structured dialogue on competition to foster the interests of both European and Chinese companies when doing business in each other’s territory
Gibson Dunn (Brussels)
"EU-China dialogue on Competition formalised with the signature of Terms of Reference on May 6 2004"* The European Commission and the Chinese Government signed on May 6 an agreement on a structured dialogue on Competition. This is the first such competition dialogue embarked on by China and it (...)

The OECD holds a roundtable on relations between regulators and competition authorities
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the discussion, the following points emerge: (1) A large and growing number of OECD (...)

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