Market definition

General antitrust

 The French Competition Authority issues its opinion to the Electronic Communications Regulatory Authority as part of the procedure for analysing the fixed broadband and superfast broadband wholesale markets (Arcep)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence issues its opinion to Arcep as part of the procedure for analysing the fixed broadband and superfast broadband wholesale markets* Background Arcep has asked the Autorité de la concurrence for its opinion on three draft decisions as part of the seventh cycle (...)

The EU General Court annuls the approval decision of the Commission on the recapitalisation of a German airline company in the context of the COVID-19 pandemic (Ryanair / Condor)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109440 visits
The General Court annuls the decision of the Commission to approve the recapitalisation of Lufthansa by Germany, amounting to €6 billion euros, in the context of the COVID-19 pandemic* The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain (...)

The European Competition Network releases a joint statement over the EU Commission’s review of the Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220037 visits
Joint statement by the European Competition Network (ECN) on the European Commission’s review of the Market Definition Notice* With the present statement the ECN welcomes the initiative to review the Commission’s Market Definition Notice used in EU competition law (OJ C 372, 9.12.1997, p. 5 (...)

The Chinese State Administration for Market Regulation enacts the final implementing regulations for the amended Anti-Monopoly Law
Hogan Lovells (Beijing)
China 81 contributions 20821 visits
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2436 visits
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas respectively, i.e., monopoly agreements, abuse of dominance, merger review and (...)

The UK Competition Authority publishes a Draft Guidance on horizontal agreements as well as a Draft Sustainability Guidance to signal greater openness towards collaborative efforts to fight climate change
Van Bael & Bellis (London)
United Kingdom 3 contributions 299 visits
On 25 January 2023, the UK Competition and Markets Authority (the “CMA”) opened a consultation on its Draft Guidance on Horizontal Agreements, which is intended to set out the framework for the application of the Chapter I prohibition of the Competition Act 1998 - the UK equivalent of Article (...)

The EU Commission publishes for feedback draft revised Market Definition Notice
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
Following its Staff Working Paper on evaluation of the 1997 EC Notice on definition of the relevant market for the purposes of Community competition law issued last year, the EC has published draft guidelines on market definition. The first surprise is the footnote in the cover of the draft (...)

The EU Commission seeks feedback on the draft revised Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920741 visits
Competition: Commission seeks feedback on draft revised Market Definition Notice* The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the (...)

The Paris Court of Appeal rejects the appeal of a multiplex cinema operator in New Caledonia by ruling that its complaint against the installation of a competing multiplex cinema was partly inadmissible as it did not fall within its jurisdiction (SECH)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3676 visits
Competition in the cinema sector: the SECH (Cinécity) "succeeds in its appeal" before the Paris Court of Appeal, which confirms in all respects the decision of rejection and inadmissibility of the Authority of October 5, 2020* In a judgment of March 24, 2022, the Paris Court of Appeal (...)

The German Competition Authority publishes the final report on its sector inquiry into hospitals
German Competition Authority (Bonn)
Germany 457 contributions 116282 visits
Final report on the sector inquiry into hospitals: Merger control guarantees competition and quality* Today the Bundeskartellamt has published the final report on its sector inquiry into German hospitals. The outcome of the inquiry confirms the important role played by competition in (...)

The Croatian Competition Authority publishes its market study concerning the national press publishing sector which indicates an unceasing fall in paid circulation
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19885 visits
Press Publishing Market in 2020 indicates unceasing fall in paid circulation* The Croatian Competition Agency (CCA) carried out its regular market investigation into the Croatian press publishing market in 2020 with the view to defining the market shares of the relevant market participants. (...)

The EU Commission publishes the findings of its evaluation of the Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920741 visits
Competition: Commission publishes findings of evaluation of Market Definition Notice* The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the Market Definition Notice used in EU competition law. The aim of the evaluation (...)

The French Competition Authority publishes its views on the competition issues arising from Fintech
Toyota (Brussels)
Belgium 38 contributions 8654 visits
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Covington & Burling (Brussels)
Belgium 49 contributions 18206 visits
Back in 2020, the French Competition Authority (“FCA”) had announced, in its annual priorities, its interest in the competition implications of the digital revolution in the financial sector, notably in the context of the growth of FinTech, the introduction of blockchain technology and the (...)

The US Senate introduces Senator Hawley’s proposal for an important antitrust reform aimed at Big Tech, Big Banks, Big Telecoms, and Big Pharma
White & Case (New York)
United States 7 contributions 2681 visits
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White & Case (Washington)
United States 15 contributions 4618 visits
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Meta (Washington)
United States 1 contribution 613 visits
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Sen. Hawley’s "Trust-Busting for the Twenty-First Century Act," introduced on April 12, 2021, takes aim at "Big Tech, Big Banks, Big Telecom, and Big Pharma" by proposing to curb mergers and acquisitions by large corporations and ease the way for prosecutors and private plaintiffs to prevail (...)

The US Senate introduces proposed antitrust reform legislation titled the Competition and Antitrust Law Enforcement Reform Act of 2021 (CALERA)
Jones Day (Colombus)
United States 3 contributions 1343 visits
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Jones Day (Washington)
United States 7 contributions 1161 visits
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Jones Day (Washington)
United States 2 contributions 317 visits
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards Antitrust reform has become a popular topic in the halls of Congress, academia, and even some (socially distant) gatherings. The topic has slowly picked up pace (...)

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry
King & Wood Mallesons (Beijing)
China 19 contributions 4747 visits
10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The (...)

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry in an effort to strengthen its enforcement in the sector
King & Wood Mallesons (Beijing)
China 19 contributions 4747 visits
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King & Wood Mallesons (Beijing)
China 9 contributions 3564 visits
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Merits & Tree (Beijing)
China 2 contributions 193 visits
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic (...)

The Singapore Competition Authority publishes a market study on e-commerce platforms
Bird & Bird (Singapore)
Singapore 5 contributions 469 visits
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Bird & Bird (Singapore)
Singapore 4 contributions 401 visits
Digital platforms have experienced significant growth and popularity in Singapore in recent years and COVID-19 has accelerated its proliferation. The rapid pace of innovation and broad adoption of these platforms have raised significant competition concerns both local and abroad. In (...)

The Singapore Competition Authority publishes its findings and recommendations from its market study on e-commerce platforms
Ashurst (Sydney)
Australia 9 contributions 2948 visits
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Ashurst (Singapore)
Singapore 15 contributions 16544 visits
On 10 September 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its findings and recommendations from its market study on e-commerce platforms. While the market study did not identify any significant competition concerns in the sector, the CCCS has concurrently (...)

The EU Commission reviews its approach to market definition
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3721 visits
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Linklaters (London)
United Kingdom 34 contributions 3213 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2511 visits
On 26 June 2020 the European Commission published a public consultation regarding the revision of the Market Definition Notice used in EU competition law, inviting stakeholders from the public and private sector (including, undertakings and consumer associations, national competition (...)

The EU Commission opens public consultation on the market definition Notice used in EU competition law and whether an update is required
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920824 visits
Competition: Commission consults stakeholders on the Market Definition Notice* The European Commission has published today a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to (...)

The EU Commission consults stakeholders on updating the Market Definition Notice
Oxera (London)
United Kingdom 2 contributions 190 visits
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Oxera (Oxford)
United Kingdom 10 contributions 8625 visits
The European Commission is consulting on updating its 1997 Market Definition Notice, which provides important guidance on identifying relevant markets in competition cases. One hotly debated topic is defining markets for two-sided platforms. We discuss some common misunderstandings on this (...)

The EU Commission undertakes a review of the market definition notice
European Commission - DG COMP (Brussels)
Belgium 13 contributions 11038 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10350 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14278 visits
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In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that review closed Friday, October 9th. The Notice is an important document (...)

The French Competition Authority publishes a study on competition and e-commerce
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services (...)

Anticompetitive practices

 The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88391 visits
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Bonn & Schmitt (Luxembourg)
Luxembourg 1 contribution 117 visits
Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 (...)

The UK Competition Appeal Tribunal overturns the Competition Authority’s wide "Most Favoured Nation" decision (ComparetheMarket)
Clifford Chance (London)
United Kingdom 4 contributions 833 visits
Background In November 2020, the CMA issued a Decision against CTM and imposed a c. £18m penalty. The Decision took issue with contractual obligations known as wide most favoured nation clauses (wide MFNs), which were imposed by CTM in its agreements with certain home insurers. These clauses (...)

The EU Court of Justice delivers a preliminary ruling on the interpretation of the product scope of a cartel, with practical significance for follow-on damages actions before national courts (Daimler / DAF Trucks)
McDermott Will & Emery (Paris)
France 136 contributions 68322 visits
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McDermott Will & Emery (Brussels)
Belgium 23 contributions 5122 visits
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McDermott Will & Emery (Paris)
France 33 contributions 8031 visits
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On August 1, 2022 the EU Court of Justice (CJEU) gave a preliminary ruling on the interpretation of the product scope of a cartel found to exist by the EU Commission (EC) in its Decision dated July 19, 2016, C (2016) 4673 final, in Case AT.39824 – Trucks (the Decision). This Decision led (...)

The US Court of Appeals for the Seventh Circuit rules that the hypothetical monopolist test remains the "best approach" for geographic market analysis in the healthcare context (Vasquez / Indiana University Health)
Hausfeld (Washington)
United States 1 contribution 752 visits
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred (...)

The EU Commissioner for Competition Vestager announces increased focus on atypical cartels, including wage fixing or no-poach agreements in the labour market
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 6 contributions 2233 visits
Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe Vestager emphasised that the Commission will further and further (...)

The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7736 visits
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of (...)

The Chinese Competition Authority and Shanghai Administration for Market Regulation penalises two companies for engaging in “either-or choice” practices on their respective in-platform merchants (Alibaba), (Shanghai Food Paishi Trade Development)
King & Wood Mallesons (Beijing)
China 19 contributions 4747 visits
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Ellenoff Grossman & Schole (New York)
United States 4 contributions 952 visits
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King & Wood Mallesons (Beijing)
China 1 contribution 357 visits
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A few days ago, the State Administration for Market Regulation (“SAMR”) and Shanghai Administration for Market Regulation (“Shanghai AMR”) successively issued two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices (a type of (...)

The Dutch Trade and Industry Appeal Tribunal upholds the Competition Authority’s decision to fine a cartel in the cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Stibbe (Amsterdam)
Netherlands 2 contributions 1549 visits
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In (...)

The England & Wales Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
United Kingdom 35 contributions 17102 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5498 visits
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access (...)

The EU Court of Justice clarifies the conditions under which pay-for-delay agreements may constitute a restriction of competition "by object" or "by effect" as well as an abuse of dominant position (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Belgian Competition Authority (Brussels)
Belgium 3 contributions 862 visits
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German Competition Authority (Bonn)
Germany 1 contribution 566 visits
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

Unilateral Practices

 The US Court of Appeals of the Ninth Circuit partially upholds the district court’s judgment regarding a Big Tech company’s prohibition of third-party app stores and in-app-payment systems from operating on its proprietary iOS platform (Epic Games / Apple)
International Center for Law & Economics (Portland)
United States 3 contributions 757 visits
Untangling the 9th Circuit’s Ruling in Epic Games v Apple* The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and (...)

The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol)
ACTECON (Istanbul)
Turkey 12 contributions 4284 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1814 visits
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ACTECON (Istanbul)
Turkey 2 contributions 752 visits
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to (...)

The UK Competition Appeal Tribunal issues a decision which sets key considerations for market definition analysis (ComparetheMarket)
Harcus Parker (London)
United Kingdom 5 contributions 2502 visits
In a decision by the UK Competition Appeal Tribunal (CAT) dated 19 November 2020, the CAT fined Comparethemarket (CTM), a price comparison website a fine of £17.9 million for abuse of dominance in the market for price comparison services. CTM abused its position in the market by imposing wide (...)

The US District Court for the Northeastern District of New York dismisses a drug manufacturer’s claim against a rival which it alleged blocked entry into the market for a medication administered through pre-loaded syringes (Novartis / Regeneron)
Constantine Cannon (Washington)
United States 4 contributions 806 visits
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Constantine Cannon (New York)
United States 3 contributions 731 visits
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Constantine Cannon (New York)
United States 3 contributions 1073 visits
A Nearsighted Approach to Product Market Definition: Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments* One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology (...)

The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
Hausfeld (Berlin)
Germany 9 contributions 2880 visits
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Linklaters (Berlin)
Germany 2 contributions 1202 visits
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Hausfeld (Berlin)
Germany 7 contributions 1983 visits
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
Hong Kong 2 contributions 439 visits
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Jones Day (Shanghai)
China 51 contributions 24065 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first (...)

The Indian Competition Authority rejects allegations regarding an abuse of a dominant position in the provision of coal terminal services (Tamil Nadu Power Producer Association / Chettinad International Coal Terminal)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18722 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20764 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19673 visits
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After a lengthy investigation, which started in January 2016, the Competition Commission of India (CCI) rejected allegations by the Tamil Nadu Power Producer Association that Chettinad International Coal Terminal Pvt. Ltd. (CICTPL) had abused its dominant position in the provision of coal (...)

The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google UPI)
National University of Study and Research in Law (Ranchi)
India 1 contribution 376 visits
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S&A Law Offices (Jharkhand)
India 1 contribution 376 visits
Introduction Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation (...)

The Indian Competition Authority dismisses abuse of dominance allegations against a retirement home company due to lack of dominance, but notes the parties may direct their grievances to sectoral regulators (Ashiana Housing)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8741 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10620 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10690 visits
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KEY POINTS Within the real estate sector, different categories of residential properties are not necessarily substitutable and therefore form separate relevant markets. Further, certain industrial practices though not within the realm of the CCI may require regulatory intervention. BRIEF (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5008 visits
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had (...)

The German Federal Court of Justice confirms abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2608 visits
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Bird & Bird (Dusseldorf)
Germany 12 contributions 2041 visits
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data (...)

The German Federal Court of Justice overturns the Dusseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
German Engineering Federation (VDMA)(Frankfurt)
Germany 1 contribution 721 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 1 contribution 721 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 5 contributions 2502 visits
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On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the (...)

The Cypriot Competition Authority carries out an extensive analysis and finds no abuse of dominance in the national marketing and wholesale distribution market for eyewear and sunglasses (E.C. Kyrillou Eyecare / D.S. Demetriou Enterprises)
Elias Neocleous (Limassol)
Cyprus 12 contributions 1682 visits
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Elias Neocleous (Limassol)
Cyprus 1 contribution 132 visits
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Elias Neocleous (Limassol)
Cyprus 1 contribution 132 visits
Introduction On 16 of June 2020, the Cyprus Commission for the Protection of Competition (the “Commission”) delivered a decision concerning a complaint filed by E.C. Kyrillou Eyecare Ltd against and D.S. Demetriou Enterprises Limited, in relation to an alleged infringement of Article 3 and (...)

The England & Wales Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristows (London)
United Kingdom 1 contribution 276 visits
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Bristows (London)
United Kingdom 2 contributions 676 visits
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and (...)

The England & Wales Court of Appeal seeks to reinstate record fines imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
Herbert Smith Freehills (London)
United Kingdom 15 contributions 4611 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73598 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9504 visits
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The England & Wales Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60316 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 3 contributions 1894 visits
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The EU General Court hears an appeal against an abuse of dominance decision in online comparison shopping services (Google Shopping)
Catholic University of Louvain (UCLouvain)
Belgium 1 contribution 293 visits
Background On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched (...)

The EU Court of Justice dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)
Ashurst (Brussels)
Belgium 37 contributions 9245 visits
On 30 January 2020, the European Court of Justice dismissed the appeals in joined cases C-538/18 P and C-539/18 P brought by Czech national rail carrier České dráhy, which sought to set aside the judgments of the General Court in cases T‑325/16 and T‑621/16 upholding the European Commission’s (...)

The Belgian Competition Authority imposes interim measures against a sports association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Belgium 119 contributions 24108 visits
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

Mergers

 The New Zealand Competition Authority publishes a statement of preliminary issues which outlines the potential competition issues relating to an acquisition in the market for fishing (Moana / Sanford)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25154 visits
Statement of Issues released for Moana’s proposed acquisition of Sanford’s North Island inshore fishing business.* The Commerce Commission has published a statement of issues relating to an application from Aotearoa Fisheries Limited (trading as Moana New Zealand) seeking clearance to (...)

The US FTC and DoJ introduce the new merger guidelines which are designed to modernize the US merger enforcement
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9638 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 3487 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8638 visits
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The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to “modernize” the agencies’ approach to (...)

The US FTC and DoJ release a draft of the proposed merger guidelines which aims to change the merger enforcement landscape in the US
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 10 contributions 2483 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8638 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6827 visits
The Federal Trade Commission and Antitrust Division of the U.S. Department of Justice released a draft of proposed new merger guidelines Wednesday, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to "modernize" the agencies’ approach to merger (...)

The US FTC and DoJ issue draft Merger Guidelines and redraw the thresholds for determining whether a merger should be presumed anticompetitive
Charles River Associates International (CRA) (Boston)
United States 2 contributions 371 visits
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Charles River Associates International (CRA) (Washington)
United States 1 contribution 128 visits
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Charles River Associates International (CRA) (Boston)
United States 1 contribution 128 visits
On July 19, 2023, the US Department of Justice and Federal Trade Commission (collectively, the Agencies) released a draft revision of the US Merger Guidelines (draft 2023 Guidelines). The draft includes 13 guidelines describing how the Agencies propose to assess mergers for anticompetitive (...)

The US FTC and DoJ publish new merger guidelines which propose lower thresholds for merger control regime
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 58 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6827 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 4 contributions 228 visits
Key Points Proposed revisions to the DOJ’s and FTC’s merger guidelines would lower the threshold at which deals are considered presumptively anticompetitive, potentially increasing the number of deals regulators will challenge or subject to in-depth scrutiny. The new guidelines would support (...)

The US FTC and DoJ release a draft version of their new Merger Guidelines which significantly impacts the market definition exercise
Secretariat Economists (Washington)
United States 1 contribution 100 visits
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Secretariat Economists (Washington)
United States 1 contribution 100 visits
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Intensity (Washington)
1 contribution 100 visits
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An Overview of Market Definition in the Draft Merger Guidelines* The Horizontal Merger Guidelines issued by the US Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) have been an important source of guidance on the Agencies’ approach to merger (...)

The Brussels Market Court of Appeal rejects a food retailer’s request to annul the approval of a merger between two rivals (Carrefour / Mestdagh / Intermarché)
Van Bael & Bellis (Brussels)
Belgium 43 contributions 12002 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15196 visits
On 14 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) dismissed the appeal of retailer Carrefour against the decision of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the (...)

The New Zealand Competition Authority publishes a statement of preliminary issues relating to an acquisition in the market for fishing (Moana / Sanford)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25154 visits
Statement of Preliminary Issues released for Moana’s proposed acquisition of Sanford’s North Island inshore fishing business* The Commerce Commission has published a statement of preliminary issues relating to an application from Aotearoa Fisheries Limited (trading as Moana New Zealand) (...)

The UK Competition Appeal Tribunal announces the receipt of an application to review the Competition Authority’s decision to prohibit the acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
Arthur Cox (Dublin)
Ireland 6 contributions 3071 visits
This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond. (...)

The EU Commission publishes a package of measures aimed at simplifying its merger control procedures in order to reduce the workload and costs of mergers
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73598 visits
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Mayer Brown (London)
United Kingdom 44 contributions 18128 visits
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Herbert Smith Freehills (Brussels)
Belgium 22 contributions 7125 visits
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On 20 April 2023 the European Commission published a package of measures aimed at simplifying its merger control procedures under the EU merger Regulation (EUMR). The new measures, which will take effect as of 1 September 2023, aim to streamline and make less burdensome the Commission’s (...)

The EU Commission adopts a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920824 visits
Mergers: Commission further cuts red tape for merging businesses* The European Commission has today adopted a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation. The package includes: (i) a revised Merger Implementing Regulation (...)

The EU Commission publishes its merger simplification package that is aimed at relieving the merging businesses from the administrative burden and associated costs in transactions which are unlikely to raise competition concerns
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2436 visits
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1 contribution 114 visits
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Kyriakides Georgopoulos
1 contribution 114 visits
New EC Merger Simplification Package: Less burden, more efficiency? On April 20, 2023, the European Commission (“Commission” or “EC”) adopted a new legislative package for further simplification of the merger review process under the EU Merger Regulation (the “2023 Simplification Package”). (...)

The EU Commission adopts a legal package that simplifies, streamlines, and optimises EU merger review procedures
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3721 visits
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Kyriakides Georgopoulos (Athens)
Greece 1 contribution 89 visits
On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (...)

The EU Commission adopts Merger Simplification Package which is designed to streamline its procedure under the EU Merger Regulation
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 24 contributions 53648 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 15 contributions 5388 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 148 visits
The European Commission Simplifies Its Merger Control Review Process* On April 20, 2023, the Commission adopted the 2023 Merger Simplification Package (the “2023 Package”) designed to streamline its procedure under the EU Merger Regulation. In particular, the 2023 Package (1) expands the (...)

The EU Commission streamlines merger procedures and leaves scope for further reforms
White & Case (Brussels)
Belgium 18 contributions 11526 visits
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White & Case (Düsseldorf)
Germany 37 contributions 15185 visits
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White & Case (Brussels)
Belgium 3 contributions 442 visits
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The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified procedure, and streamlines the review of simplified cases. It also reduces (...)

The EU Commission adopts a legislative package to further streamline the simplified merger control procedures within the bloc
McDermott Will & Emery (Paris)
France 136 contributions 68322 visits
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McDermott Will & Emery (Brussels)
Belgium 23 contributions 5122 visits
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McDermott Will & Emery (Dusseldorf)
Germany 17 contributions 6708 visits
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The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union On April 20, 2023, the EU Commission (Commission) adopted and published a package to simplify the procedures for reviewing concentrations under (...)

The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical)
Jones Day (Beijing)
China 3 contributions 474 visits
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Jones Day (Shanghai)
China 51 contributions 24065 visits
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Jones Day (Beijing)
China 3 contributions 212 visits
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The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML"). For the first time, SAMR has (...)

The German Competition Authority clears the acquisition of some dairy brands and production sites by a rival dairy subject to structural and behavioural remedies (Theo Müller Group / Royal Friesland Campina)
German Competition Authority (Bonn)
Germany 457 contributions 116286 visits
Following commitments Theo Müller Group can acquire parts of the dairy business of Royal Friesland Campina* Bonn, 22 February 2023: Following intensive investigations, the Bundeskartellamt has today cleared plans by the Theo Müller Group to acquire brands and production sites for a number of (...)

The Finnish Competition Authority identifies competition concerns in a proposed merger in the telecommunications network design, construction, and maintenance market, leading to the abandonment of the deal by the parties (Enersense / Voimatel)
White & Case (Brussels)
Finland 3 contributions 863 visits
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White & Case (Brussels)
Belgium 3 contributions 442 visits
Prohibition decisions and withdrawals of deals have traditionally been rare in Finnish merger control, as the Finnish Competition and Consumer Authority (“FCCA”) and merging parties usually find remedial solutions in cases raising competition concerns. However, in 2020 the Market Court (...)

The US FTC and DoJ launch a joint public inquiry aimed at strengthening enforcement against illegal mergers
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42842 visits
Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers* Agencies Launch Joint Public Inquiry Aimed at Modernizing Merger Guidelines to Better Detect and Prevent Anticompetitive Deals WASHINGTON – Today, the Federal Trade Commission (FTC) and (...)

The Indian Competition Authority unconditionally approves a merger between two life insurance companies without finalizing the market definition because the merger would have low market shares in all potential relevant markets (HDFC Life Insurance / Exide Life Insurance)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10620 visits
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Samvad Partners (Mumbai)
76 contributions 7455 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8741 visits
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A notice was filed by HDFC Life Insurance Company Limited (“Acquirer/HDFC Life”) pursuant to the execution of a Share Purchase and Share Swap Agreement, between HDFC Life, Exide Life Insurance Company Limited (“Target/Exide Life”), and Exide Industries Limited (‘Exide Industries’). The (...)

The French Competition Authority conditionally clears the acquisition by a food distributor of 100 stores previously owned by a competitor and for the first time recognizes the existence of a market for organic products (Bio c’ Bon / Carrefour)
French Competition Authority (Paris)
France 747 contributions 408028 visits
Conditionnal green light to the acquisition of 100 Bio c’ Bon stores by Carrefour* For the first time, the Autorité has recognized the existence of a market for organic products The Autorité clears the takeover of 100 Bio c’Bon stores by Carrefour, subject to the divestiture of eight (...)

The French Competition Authority unconditionally clears a merger in the social housing sector in Guadeloupe and Martinique (Société Action Logement Immobilier / Région et département Guadeloupe / SEMAG)
Orrick, Herrington & Sutcliffe (Paris)
France 19 contributions 26364 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 1 contribution 69 visits
By decision dated August 5th 2021 (hereafter, the “Decision”), the French Competition Authority (hereafter the ‘FrCA’) unconditionally cleared the acquisition of joint control by Action Logement Immobilier and two local authorities (i.e., the Région and the Département of Guadeloupe) over (...)

The Indian Competition Authority clears an acquisition transaction between two educational services companies (Think and Learn / Aakash)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18722 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20764 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19673 visits
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The CCI cleared the acquisition by Think & Learn Private Limited (BYJU’S) of sole control over Aakash Educational Services Limited (AESL). This was the first transaction where the CCI assessed overlaps in the education sector (specifically, the online education sector). In its (...)

A major telecommunications company resolves to unwind a failed acquisition of a mass media and entertainment conglomerate, notwithstanding rulings greenlighting the merger at both District Court and Appeals Court level (AT&T / Time Warner)
USC Gould School of Law (Los Angeles)
United States 8 contributions 3033 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. AT&T’s $102 billion acquisition of Time Warner in 2019 will go down in M&A history as an exceptionally illadvised transaction, resulting in the loss of (...)

The UK Competition Authority publishes its revised Merger Assessment Guidelines along with a quick guide complementing the revision of its Guidance on jurisdiction and procedure
Bird & Bird (London)
United Kingdom 6 contributions 3066 visits
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Bird & Bird (London)
United Kingdom 19 contributions 3523 visits
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes the revised Merger Assessment Guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 6 contributions 1497 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 26 contributions 7118 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14105 visits
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The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

The French Competition Authority unconditionally clears the acquisition of joint control over a vehicle glass repair company and defines a new market for at-home repair and maintenance services (Carglass / Mutares / Homeserve)
Herbert Smith Freehills (Paris)
France 3 contributions 568 visits
On 1st March 2021, the French Competition Authority unconditionally cleared the acquisition of joint control over the Carglass Maison group by Mutares and Homeserve and defined a new market. Background The target, the Carglass Maison Group, offers repair and renovation works to both (...)

The Finnish Competition Authority secures its second merger block in 2020 as a €360 million healthcare deal is abandoned during the Market Court proceeding (Mehiläinen / Pihlajalinna)
White & Case (Brussels)
Finland 3 contributions 863 visits
An exceptional year in Finnish merger control came to an end on 29 December 2020 when the Finnish Market Court announced its decision concerning the Finnish Competition Authority’s (the FCCA) proposal to prohibit the merger between healthcare firms Mehiläinen and Pihlajalinna. After the oral (...)

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)
Germany 457 contributions 116286 visits
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian (...)

The UK Competition Authority opens consultation on revised merger assessment guidelines
Morgan Lewis (London)
United States 14 contributions 5952 visits
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Hausfeld (London)
United Kingdom 5 contributions 1142 visits
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

The UK Competition Authority launches consultation on revised merger assessment guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 27491 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33036 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14105 visits
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Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and (...)

The EU Commission takes note of the General Court’s judgment confirming its decision to prohibit an acquisition in the construction sector in Hungary and Croatia (HeidelbergCement / Schwenk Zement / Cemex)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920824 visits
Mergers: Commission takes note of General Court judgment in HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia merger case* The European Commission takes note of the judgment of the General Court, which confirms the Commission’s decision prohibiting the acquisition by HeidelbergCement and (...)

The UK Competition Authority blocks a window covering company’s completed acquisition of a competitor (Hunter Douglas / 247 Home Furnishings)
Government Legal Department (London)
United Kingdom 18 contributions 2513 visits
On 14 September 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the blinds supplier Hunter Doug- las to sell off its majority stake in 247 Home Furnishings, which also sells blinds. The CMA found that the deal, which had already been completed, would substantially lessen (...)

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
Belgium 45 contributions 46156 visits
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Ashurst (Milan)
Italy 103 contributions 30051 visits
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Ashurst (Brussels)
Belgium 12 contributions 6457 visits
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in a competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109447 visits
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The EU General Court raises the Commission’s bar for mergers in concentrated markets (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 11 contributions 8634 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Germany 9 contributions 2453 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
France 3 contributions 3525 visits
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In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
United Kingdom 26 contributions 8750 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73598 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21569 visits
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On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

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)
United States 3 contributions 517 visits
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Baker Botts (Washington)
United States 1 contribution 155 visits
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 (...)

The French Competition Authority clears merger in the conference organization markets (Europa Group / Comexposium)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité clears the takeover of the group Europa by Comexposium* The Autorité de la concurrence has examined the proposed acquisition of full control of the group Europa, which is active in the organisation of conferences and other events sector, by Comexposium. The parties to the (...)

The Spanish Competition Authority clears merger of travel agencies (Barceló / Globalia)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31354 visits
The CNMC authorises Barceló to purchase Globalia’s travel agency business* The CNMC has authorised, in the first phase, Barceló to acquire exclusive control of Globalia’s travel agency business. We do not anticipate this operation to have any adverse effects on competition in the markets (...)

The Spanish Competition Authority authorizes the merger of travel agencies (Barceló / Globalia)
Latham & Watkins (Brussels)
Belgium 24 contributions 3347 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22255 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4154 visits
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On 8 May 2020, the CNMC has authorized in phase 1 the acquisition by Barceló Corporación Empresarial (Barceló) of exclusive control of assets belonging to Globalia Corporación Empresarial (Globalia), essentially, its wholesale and retail travel agency and occasional road passenger (...)

The French Competition Authority unconditionally approves a multidisciplinary healthcare group’s takeover of a mental health services group (Sinoué / Orpea)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The (...)

The US DoJ challenges a merger that highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
McDermott Will & Emery (Washington)
United States 34 contributions 6768 visits
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. IN (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
Bird & Bird (Budapest)
Hungary 18 contributions 2434 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2186 visits
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The French Competition Authority clears a merger in the insurance market (Macif / Aésio)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence clears the merger of the Macif and Aésio insurance groups* On 7 February 2020, the Macif and Aésio groups notified the Autorité de la concurrence of their planned merger. Parties to the transaction The MACIF group is a French insurance group active mainly (...)

The German Competition Authority clears a merger in the market for manufacturing chocolate and nougat spreads (Krüger Group / Peeters)
German Competition Authority (Bonn)
Germany 457 contributions 116286 visits
Chocolate and nougat spreads – Merger between Krüger Group and Peeters cleared* Bonn, 2 March 2020: The Bundeskartellamt has cleared the acquisition of the Dutch Peeters group, a manufacturer of chocolate and nougat spreads, by Wilhelm Reuss GmbH, a member of the Krüger Group based in (...)

The EU Commission unconditionally approves a proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920824 visits
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19885 visits
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The French Competition Authority clears a merger in the newspaper publishing market (Groupe Nice Matin / NJJ)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence clears the acquisition of Groupe Nice Matin by NJJ, controlled by Xavier Niel* The Autorité de la concurrence examined the acquisition of sole control of the Nice Matin newspaper group (GNM), which publishes the Nice-Matin, Var-Matin and Monaco-Matin (...)

The Mexican Competition Authority informs that concentration notifications may only be filed electronically
Mexican Competition Authority (Mexico City)
Mexico 138 contributions 26898 visits
As of January, concentration notifications may only be filed through electronic means* As of January 24, notification of concentrations that COFECE must review by law, will only be received through the Electronic Procedure System at the Commission’s website. This measure simplifies the (...)

The Belgian Competition Authority starts a phase II investigation into the acquisition of two companies active in the sector of the production and sales of soft wheat flour (Ceres / Dossche Mills)
Allen & Overy (Brussels)
Belgium 28 contributions 3350 visits
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Bird & Bird (Brussels)
Belgium 13 contributions 2066 visits
At the beginning of the year, the Belgian Competition Authority ("BCA") started a second phase investigation into the acquisition of Ceres NV by Dossche Mills, two companies active in the sector of production and sales of soft wheat flour for human consumption. The main issue concerned the (...)

The French Competition Authority clears a merger in the distribution of frozen food products market (Picard Group / Zouari family/ Lion Capital)
French Competition Authority (Paris)
France 747 contributions 408028 visits
Distribution of frozen food products* The Autorité de la concurrence clears the joint takeover of Picard Group by the Zouari family and Lion Capital. The Zouari family, together with Lion Capital investment fund, notified the Autorité de la concurrence of its plan to acquire joint control (...)

The US DoJ and FTC issue draft vertical merger guidelines
Baker Botts (Washington)
United States 22 contributions 19144 visits
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LCLD Leadership Council on Legal Diversity (Washington)
United States 3 contributions 1090 visits
Update: On February 3, 2020, the DOJ and FTC announced that the deadline for submitting public comments on the draft vertical merger guidelines has been extended to February 26, 2020. The agencies also announced two public workshops – on March 11 and March 18 – to solicit dialogue on the draft (...)

The US FTC files an administrative complaint challenging consummated acquisition and non-reportable transactions in the body-worn camera market (Safariland / Axon / VieVu)
McDermott Will & Emery (Washington)
United States 34 contributions 6768 visits
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McDermott Will & Emery (Washington)
United States 18 contributions 3592 visits
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McDermott Will & Emery (Washington)
United States 2 contributions 374 visits
FTC CHALLENGES AXON’S CONSUMMATED ACQUISITION OF BODY-WORN CAMERA COMPETITOR* The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of (...)

Regulatory

 The US FTC releases proposed changes to the premerger notification form and review process
McDermott Will & Emery (Washington)
United States 34 contributions 6768 visits
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McDermott Will & Emery (Washington)
United States 2 contributions 773 visits
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McDermott Will & Emery (Washington)
United States 18 contributions 3592 visits
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The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues. The changes proposed may not take effect and may be different when (...)

The UK Government sees its new rules on motor vehicle distribution which is largely anchored on the EU approach enter into force
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
New rules in relation to motor vehicle distribution and aftermarket activities now apply in the UK with the entry into force on 1 June 2023 of the Motor Vehicle Agreements Block Exemption Order (“MVBEO”) and the publication on 5 June 2023 of the CMA Guidance on Motor Vehicle Agreements. The (...)

The Luxembourg Competition Authority takes notice of the EU Commission’s initiation of a public consultation on the draft revised notice on the definition of the relevant market
Luxembourg Competition Council (Liège)
15 contributions 1844 visits
Opening of a public consultation by the Commission on the draft revised notice on the definition of the relevant market* On November 8, 2022, the European Commission published the draft revised notice on the definition of the relevant market. The draft revised notice on the definition of (...)

The UK Competition Authority publishes new guidelines for M&A transactions, with notable changes including a reduced bar for the SLC test and a reduced focus on market shares
Latham & Watkins (London)
United Kingdom 2 contributions 739 visits
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Covington & Burling (Brussels)
Belgium 11 contributions 10543 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The new Merger Assessment Guidelines are out. Revised guidelines are long overdue, as the outgoing MAGs have a Jurassic quality in dating back to September (...)

The EU Commission proposes the Digital Markets Act, opening the door to a separation of revenue generation from consumer content which could increase the contestability of zero-priced platforms
University College London
Germany 1 contribution 77 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction [1] The digital age has brought huge benefits to society, triggering huge social welfare gains, massive wealth creation and lots of (...)

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets (Arcep)
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the (...)

The Romanian Government launches a draft law on the authorization of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market
Maravela, Popescu & Asociatii (Bucharest)
Romania 5 contributions 989 visits
1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The (...)

The French Competition Authority launches public consultation on the freedom of establishment of notaries that will account for effects of the COVID-19 pandemic on the activity of notaries
French Competition Authority (Paris)
France 747 contributions 408028 visits
New opinion on the freedom of establishment of notaries: the Autorité launches a consultation* The Autorité de la Concurrence launches a public consultation with a view to preparing a new opinion on the freedom of establishment of notaries and proposing a revision of the map that was (...)

The EU Commission launches a consultation for the review of the 1997 Notice on the definition of the relevant market
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 3 April 2020, the Commission launched a six-week consultation on its roadmap for the review of the 1997 Notice on the definition of the relevant market for the purposes of Community competition law (the “Market Definition Notice”). Overall, the review aims at determining whether the Market (...)

The Chinese State Administration for Market Regulation releases antitrust guidelines for the automotive industry
King & Wood Mallesons (Beijing)
China 19 contributions 4747 visits
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Shihui Partners (Beijing)
China 2 contributions 338 visits
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King & Wood Mallesons (Beijing)
China 2 contributions 338 visits
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China’s Auto Antitrust Guidelines Released to the Public* On 20 February 2020, in his annual review “Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019”, Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau (“AMB”) of the State (...)

The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
Italy 63 contributions 10268 visits
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact (...)

The German Ministry for Economic Affairs and Energy publishes the draft bill on the 10th amendment to the German Act against restraints of competition
Morgan Lewis (Frankfurt)
Germany 8 contributions 2933 visits
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Buntscheck (Munich)
Germany 3 contributions 1057 visits
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in Germany. Such revision would be of high relevance for undertakings in the (...)

The French Competition Authority publishes a new study on behavioural remedies in competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 17 January 2019, the French Competition Authority (“FCA”) published a new study on behavioural remedies in competition law. The study is available on the FCA’s web- site in both French and English. The assessment was carried out by comparing behavioural commitments to structural (...)

The French Competition Authority issues a study on behavioural remedies in competition law
French Competition Authority (Paris)
France 747 contributions 408028 visits
The Autorité de la concurrence publishes a new study on Behavioural remedies in competition law* In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (...)

The Chinese State Administration for Market Regulation releases its draft proposed amendments to the Chinese Anti-Monopoly Law
Dacheng - Dentons (Beijing)
China 3 contributions 1764 visits
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Dentons (Shanghai)
China 2 contributions 578 visits
On 2 January 2020, the State Administration for Market Regulation of China (“SAMR”) released a draft of the proposed amendment to the Anti-Monopoly Law of China (“Draft Amendment”) to solicit public comments from different sectors of society. It indicates that after twelve years, at the (...)