Commission, European

Turnover threshold (merger)

Institution Definition

The combined annual turnover of the parties is used in the field of merger control as a criterion to divide competence between Member States and the Commission. concentrations where the parties’ combined turnover exceeds the thresholds set in Article 1 of the Merger Regulation are considered to be of ’community dimension’ and will be assessed by the Commission. European Commission

Articles

David M. Harrison, Sarah Wilks, Ruth Neligan UK : Trends in merger control post-Brexit : Fresh out of the oven

May 2023

In the two years since the United Kingdom left the European Union, the Competition and Markets Authority has established itself as a notable competition authority on the global stage, including in the digital sphere. This article summarises a number of trends in UK merger control post-Brexit (...)

Claudio Calcagno UK collective actions regime: Some early lessons for economists

February 2023

The UK Consumer Rights Act 2015 made it easier for groups of claimants with small individual claims to bring competition damages actions. Following a slow start of the thus-formed UK collective actions regime, an increasingly large number of diverse collective actions have been launched. As the (...)

Walid Chaiehloudj, Benoît Cœuré, Christophe Venture, Aurélie Zoude-Le-Berre, Nicolas Genty, Antoine Callot, Matthieu Pujuguet, Déborah Higuero, Virginie Elissalde Competition law enforcement according to the three French competition authorities in French overseas territories (Nouméa, 27 juillet 2022)

November 2022

Abstract On 27 July 2022 in Noumea, the New Caledonian Competition Authority organized an anniversary conference to celebrate the fourth year of its establishment. The aim of the conference was to compare the views of the three French competition authorities (the French Competition Authority, (...)

Morgan Blaschke-Broad Australia: Merger law at the crossroads – Examining proposals for substantive reform

November 2022

Globally, competition laws, regulatory approaches and enforcement models are the subject of intense debate and, in many cases, fundamental reform. We are experiencing the largest wholesale reassessment and refinement of competition laws in decades. Australia has not been immune from this trend. (...)

Anne C. Witt, Pierre Chellet, Victor Levy, Eric Paroche, Thorsten Mäger, Robert Van Mastrigt, Miranda Cole, Philipp Otto Neideck The Vertical Block Exemption Regulation

November 2022

On 1 June 2022, the new Block Exemption Regulation for Vertical Agreements, Regulation 2022/720, and its accompanying guidelines entered into force. It is the result of a lengthy and complex review process that aimed to make the Vertical Block Exemption Regulation fit for the digital age. This (...)

Vincent Bridoux Droit européen de la commande publique, Stéphane de LA ROSA

May 2021

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio DMA/DSA: Has Europe really given itself the means to achieve its ambitions?

May 2021

In order to upgrade the rules governing digital players operating in the internal market and to improve the regulatory framework for digital services, on December 15th, 2020, the European Commission published two legislative initiatives: the Digital Services Act (DSA) and the Digital Markets (...)

Philippe Guibert, Laetitia Gavoty Tolot, Sofia El Hariri, Fayrouze Masmi-Dazi, Gwenaëlle Poilon The French Competition Authority’s new merger control guidelines

November 2020

After several months of public consultation over a reform of its merger control guidelines, the French competition Authority (FCA) has released July 23rd, 2020, its final version of the revised guidelines on merger control. The present On-Topic gathers three contributions reviewing this (...)

Peter D. Camesasca, Horst Henschen, Martin Juhasz Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within Europe

November 2020

The authors provide a comparative perspective on foreign direct investment (“FDI”) screening in Europe in light of the EU’s new regulation, Regulation (EU) 2019/452. They explain the key drivers behind FDI screening and offer an analysis of what it implies at a European level. The article further (...)

Jérôme Vidal Analysis of intra- and inter-brand competition in mergers within distribution networks: Review of the French Competition Authority’s decision-making practice in the retail sector

May 2020

During the assessment of an acquisition by the head of the network of one of its members in the spring of 2018, in the food retail sector, the Autorité de la concurrence specified the manner in which it conducts the competitive analysis of this type of merger. Thus, even in the absence of a (...)

Federico Agnoletto, Hélène Bourguignon The scores method: When the Competition Authority innovates in the local competitive pressure’s evaluation in merger control

September 2017

This article deals with the weighted share of stores method, a new tool in merger control developed by the Competition & Markets Authority and recently employed by the French Competition Authority. After a summary of its framework and features, the authors review the two competition (...)

Ben Graham How Latin America has built on European exclusivities precedents in the FMCG sector

January 2015

By analyzing exclusive dealing cases in the fast-moving consumer goods sector in Europe and Latin America, this article provides an overview of enforcement trends and a compliance reference for companies. In particular, recent creative Latin American remedies are put under the spotlight. (...)

Barbara Rosenberg, Pierre Honoré Brazil: Merger control regime further to the 2012 reform

September 2014

In 2012, Brazil adopted an ex ante merger control regime. This reform entirely modified the operation of the merger control system, both for the authority, which is now bound by a formal deadline to issue its decisions, and for the notifying parties, which must now wait for approval to close (...)

Anja Balitzki Merger control in Africa: COMESA Competition Commission under review

May 2014

Since 14 January 2013 undertakings which have business activities within the Common Market for Eastern and Southern Africa (“COMESA” or “Common Market”) must deal with a new mandatory merger control regime.* At first glance, the system seems to have some similarity to merger control in the European (...)

Alain Gauvin, David Bosco Implementation difficulties of Regulation N°330/2010: General conditions of exemption (Caen, 4 October 2013)

February 2014

The second roundtable of the conference held in Caen, the 4th October 2013 was dedicated to the implementation difficulties of Regulation n° 330/2010. David Bosco and Alain Gauvin study the general conditions of the exemption. For Mr Gauvin, the aim is to review post-contract provisions, (...)

Events

Torsten Körber, Olivier Fréget, Catherine Batchelor Towards an effective DMA: discussing Member States reactions and proposals...

10 November 2021

Webinar organised by Concurrences, in partnership with Fréget Glaser & Associés, Meta and Oxera, with Catherine Batchelor (Director, Digital Markets Unit, UK Competition and Markets Authority), Olivier Fréget (Partner, Fréget Glaser & Associés), and Torsten Körber (Professor, University of Cologne).

Mike Cowie, Pauline A. Kennedy, Thomas Horton, Noel Watson-Doig, Niels Christian Ersbøll, Norbert Maier Antitrust in Life Sciences #2 Life Science Mergers II: Innovation, Exclusion & Killer Acquisitions

23 June 2021

2nd webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Arnold & Porter, Bates White Economic Consulting, Copenhagen Economics and Dechert, with Mike Cowie (Partner, Dechert), Niels Ersbøll (Partner, Arnold & Porter), Thomas Horton (Professor, University of South Dakota), Pauline Kennedy (Principal, Bates White Economic Consulting), Norbert Maier (Managing Economist, Copenhagen Economics) and Noel Watson-Doig (Senior Counsel Global Pharma Competition Law and Legal Operations, GSK).

Marie-Anne Lavergne, Orion Berg, Tilman Kuhn, Farhad Jalinous, Stefan Amarasinha, Dr. Angelika Milger Increasing FDI scrutiny in the EU: What does this mean in practice?

2 February 2021

Webinar organised by Concurrences, in partnership with White & Case, with Stefan Amarasinha (Policy Officer, DG TRADE), Orion Berg (Counsel, White & Case, Paris), Farhad Jalinous (Partner, White & Case, Washington D.C.), Tilman Kuhn (Partner, White & Case, Düsseldorf/Brussels), Marie-Anne Lavergne (Cheffe du bureau du contrôle des investissements étrangers, French Treasury), and Angelika Milger (Government Counsel - Division VB1, German Federal Ministry for Economic Affairs and Energy).

Etienne Pfister, Gildas de Muizon, Joseph Vogel De minimis agreements: Should they be sanctionned?

10 October 2012

Law & Economics breakfast organized by Concurrences in partnership with Vogel & Vogel and Microeconomix.

Books

Ioannis Kokkoris, Lydia Gavriilidou 2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Mergers and Online Platforms

31 Jan 2020

355 Mergers and Online Platforms: An Overview of EU and National Case Law ioAnnis k okkoris queen mary University (london) i.kokkoris@qmul.ac.uk lydi A g AV riilido U sullivan & Cromwell (Brussels) i. introduction The European Commission has dealt with various concentrations in the field of (...)

Pablo Trevisán Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Rebuilding the Argentine Antitrust House While Living in It: A View from the Trenches

1 Mar 2018

561 Douglas H. Ginsburg | An Antitrust Professor on the BenchLiber Amicorum - Volume I Rebuilding the Argentine Antitrust House While Living in It: A View from the Trenches pablo t rEvisán *1 Comisión Nacional de Defensa de la Competencia “In order to fulfill their role effectively these (...)

Ignacio Herrera Anchustegui Buyer Power in EU Competition Law Chapter 5. Buyer Power Market Assessment

31 Oct 2017

I. Herrera Anchustegui — Buyer Power in EU Competition Law 1615 BUYER MARKET POWER ASSESSMENT I. Introduction Once the relevant product and geographic markets have been defined, competition authorities will assess the market power of the involved undertaking(s) to determine the economic effects (...)

Ignacio Herrera Anchustegui Buyer Power in EU Competition Law Chapter 8. Exploitative Buyer Power: Unfair Purchasing Practices

31 Oct 2017

I. Herrera Anchustegui — Buyer Power in EU Competition Law 3878 EXPLOITATIVE BUYER POWER: UNFAIR PURCHASING PRACTICES* I. Introduction A powerful buyer, alone o r i n agreement with other buyers, may exploit its buyer power vis-à-vis its supplier(s) by imposing ‘unfair’ trading conditions, (...)

Ignacio Herrera Anchustegui Buyer Power in EU Competition Law Part V. Buyer Power From a Seller’s Perspective: Countervailing Buyer Power and Buyer Power Limitation
Chapter 9. Countervailing Buyer Power

31 Oct 2017

PA RT V BUYER POWER FROM A SELLER’S PERSPECTIVE: COUNTERVAILING BUYER POWER AND BUYER POWER LIMITATION I. Herrera Anchustegui — Buyer Power in EU Competition Law 4579 COUNTERVAILING BUYER POWER I. Introduction Countervailing buyer power (CBP), along with UPPs, is arguably the sub-topic of buyer (...)

Neil Averitt, Robert H. Lande Choice - A New Standard for Competition Law Analysis? Using the "consumer choice" approach to antitrust law

20 Jun 2016

CHOICE – A N EW STANDARD FOR COMPETITION LAW ANALYSIS ?41 Using the “consumer choice” approach to antitrust law * NEIL W. A VERITT neil.averitt@gmail.com Opinion Columnist, FTC:WATCH Former Attorney, Offlce of Policy and Coordination, Federal Trade Commission ROBERT H. L ANDE (...)

Aditya Bhattacharjea Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition The Indian Pharmaceutical Sector: Antitrust Issues and Cases

1 Jun 2016

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 47 The Indian Pharmaceutical Sector: Antitrust Issues and Cases * ADITYA BHATTACHARJEA aditya@econdse.org Professor, Delhi School of Economics, University of Delhi FIYANSHU SINDHWANI flyanshu@econdse.org Research Scholar, Delhi (...)

Elaine Ewing, George S. Cary, Tara Lynn Tavernia Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition Part III: Public Interest, Industrial Policy, and Mergers
Too many Gate Keepers? The Costs of Globalized Merger Control

1 Jun 2016

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 109Too Many Gatekeepers? The Costs of Globalized Merger Control GEORGE S. CARY gcary@cgsh.com Partner, Cleary Gottlieb Steen & Hamilton ELAINE EWING eewing@cgsh.com Partner, Cleary Gottlieb Steen & Hamilton TARA L. T AVERNIA (...)

Mark D. Powell Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II Has merger control spun out of control? The effects of a quarter of century of EU merger control

1 Dec 2015

291 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II Has me rger control spun out of control? The e ffects of a quarter of a century of EU mer ger control MARK POWELL I. Introduction Merger control regimes have spawned a growing industry of lawyers, economists, public (...)

Joseph Farrell William E. Kovacic: An Antitrust Tribute Liber Amicorum Vol. I Market Data and Participants’ Views in Horizontal Merger Analysis

12 Dec 2012

GO TO TABLE OF CONTENT William E. Kovacic | An Antitrust Tribute - Liber Amicorum - Volume I Market Data and Participants’ Views in Horizontal Merger Analysis JOSEPH F ARRELL * farrell@econ.berkeley.edu Professor of Economics, University of California, Berkeley Abstract Merger review at the U.S. (...)

Adrian Emch, Xiaoye Wang William E. Kovacic: An Antitrust Tribute Liber Amicorum Vol. I Enforcement under China’s Anti-Monopoly Law: So Far, So Good?

12 Dec 2012

GO TO TABLE OF CONTENT William E. Kovacic | An Antitrust Tribute - Liber Amicorum - Volume I Enforcement under China’s Anti-Monopoly Law: So Far, So Good? * X IAOYE W ANG wangxiaoye88@yahoo.com.cnProfessor of Law, Hunan University A DRIAN EMCH adrian.emch@hoganlovells.comCounsel, Hogan Lovells (...)

a b c d e f g h i j k l m n o p r s t u v w

a

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Actual competitor • Administered prices • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Bundling • Burden of proof • Business secrets • Buyer power

c

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Collusion • Comity • Commission Notice • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concentration indexes • Concerted practices • Concession • Concurrent jurisdiction • Consortium • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Cournot (Nash) equilibrium • Criminal sanctions • Cross subsidisation

d

Damages • Dawn raids • De minimis notice • Digital Markets Act • Direct effect • Discriminatory practices • Distribution agreement • Divestiture • Dominance (notion)

f

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Foreign Subsidies • Form CO • Franchising • FRAND • Free riding

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement • HSR Filing (US)

i

Imputability • Independence and impartiality • Individual exemption • Industrial policy • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

k

Know-how

l

Legal privilege • Leniency • Lerner index • Letter of formal notice • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Marginal costs • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Monopoly

n

Ne bis in idem • Network effect • Non-compete obligation • Notification • Nullity

o

Oligopoly

p

r

R&D agreement • Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale below cost • Resale price maintenance (RPM) • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

t

Technology transfer • Test SIEC (merger) • Test SLC (merger) • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

u

Undertaking (notion) • Unfair commercial practices • Unfair competition • Universal service • Upstream market

v

Variable costs • Vertical agreement • Vertical restraints (or restrictions)

w

White clause