Search results - Concurrences

23 Dec 2020 R

Competition policy: The French Competition Authority makes a first summary assessment of its activity and delivers its priorities for 2021

Alain Ronzano • N° 4-2020

Under the terms of a press release issued on 23 December 2020, the Authority draws up an initial summary report on its activities and sets out its priorities for 2021. On the balance sheet, sustained activity despite the health crisis, with a record amount of sanctions with nearly €1.8 billion, (...)

23 Dec 2020 B

The Croatian Competition Authority carries out a market inquiry in the on-line hotel booking sector

Croatian Competition Authority • January 2021

CCA carried out a market inquiry in the on-line hotel booking sector in the republic of Croatia* The Croatian Competition Agency (CCA) has conducted a market inquiry into the provision of on-line hotel booking services in the Republic of Croatia. The market inquiry was commenced at the end of (...)

21 Dec 2020 B

The German Competition Authority clears under merger control the launch of a digital health platform (Phoenix / Noventi)

German Competition Authority • January 2021

Bundeskartellamt allows Phoenix and Noventi to launch digital health platform* The Bundeskartellamt has cleared under merger control the planned launch of a joint venture by the Phoenix Group subsidiary ADG Apotheken-Dienstleistungsgesellschaft mbH, Mannheim, and the pharmacy services provider (...)

21 Dec 2020 B

The German Competition Authority authorises a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse • January 2021

The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions such (...)

18 Dec 2020 B

The Italian Competition Authority fines American crowdfunding platform for unfair commercial practices (GoFundMe)

Italian Competition Authority • January 2021

ICA: 1.5 million fine to GoFundMe for unfair commercial practices* The fundraising platform has provided misleading information on the absence of costs as to making donations and has preset the commission in its favor with the possibility of modifying it after several steps that are not always (...)

17 Dec 2020 B

The German Competition Authority does not oppose two undertakings’ joint payment system

German Competition Authority • January 2021

The Bundeskartellamt has no objections to Deutsche Kreditwirtschaft’s first steps to introduce a joint payment system* The Bundeskartellamt has no objections to the first stage of implementation of Deutsche Kreditwirtschaft’s (German Banking Industry Committee) “Xpay” or “#DK” project to set up a (...)

17 Dec 2020 B

The US DoJ gives permission to three States to join its antitrust lawsuit against a big tech company for maintaining monopolies in search and search advertising (Google)

US Department of Justice Antitrust Division • January 2021

Three Additional States Ask Court To Join Justice Department Antitrust Suit Against Google* Today, the Attorneys General of Michigan and Wisconsin filed for permission to join the antitrust lawsuit filed by the United States and eleven other state Attorneys General against monopolist Google. (...)

15 Dec 2020 B

The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered as ‘gatekeepers’

Christopher Thomas, Myrto Tagara, Alexandra Bray • January 2021

The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...)

15 Dec 2020 R

Gatekeeper: The European Commission proposes to impose ex ante obligations and prohibitions on gatekeeper platforms and to require them to notify the Commission of their proposed acquisitions (Digital Services Act, Digital Markets Act)

Alain Ronzano • N° 4-2020

On 15 December 2020, the European Commission made public two proposals for regulations based on the legal basis of Article 114 TFEU: on the one hand, a legislation on digital services (Digital Services Act or DSA)which governs the obligations of digital services that act as intermediaries in (...)

15 Dec 2020 B

The EU Commission announces a package of digital markets legislation intended to better regulate major online platforms and to protect consumers and businesses

Lesley Hannah, Kio Gwilliam • January 2021

On 15th December, the European Commission announced a package of digital markets legislation intended to give the Commission the power to better regulate major online platforms and to protect European consumers and businessess for effectively: the Digital Services Act and the Digital Markets (...)

15 Dec 2020 B

The EU Commission proposes legislation to overhaul regulation of digital platforms in the EU

Kyriakos Fountoukakos, Stephen Wisking, Peter Rowland, Camille Puech-Baron • January 2021

On 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...)

15 Dec 2020 B

The EU Commission proposes regulation on a single market for digital services

Andreas Reindl, Margot Vogels, Maria-Olga Papadopoulou • January 2021

On 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as well as a (...)

15 Dec 2020 B

The EU Commission publishes the digital services act intended to modernize the legal framework for digital services in the European Union

Vito Petretti, Oliver Bell • January 2021

The European Commission (Commission) published the first draft of the Digital Services Act (DSA) and the Digital Markets Act (DMA) on December 15 2020. Morgan Lewis previously reported on the anticipated DSA. The DSA and DMA are intended to modernize the legal framework for digital services in (...)

15 Dec 2020 B

The EU Commission unveils sweeping proposals to regulate the digital sector

Laurent de Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans • January 2021

In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)

15 Dec 2020 B

The EU Commission publishes new obligations and sanctions for digital gatekeepers

Marie-Laure Combet, Boris Marschall • January 2021

The debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...)

15 Dec 2020 B

The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by

Cristina Caffarra, Fiona M. Scott-Morton • January 2021

The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

15 Dec 2020 B

The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan • January 2021

1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

15 Dec 2020 B

The EU Commission publishes a draft on a legislative package promoting a single market for digital services

Daniel Fasquelle, Emmanuelle Inacio • January 2021

Toward New European Rules for Digital Players in the Internal Market GAFAM (Google, Apple, Facebook, Amazon & Microsoft), the providers of core platform services, are dominating the digital market. In other words, globally, almost all digital services depend on GAFAM. This phenomenon was (...)

14 Dec 2020 B

The Chinese State Administration for Market Regulation fines internet companies for failures to notify past transactions (Alibaba / China Literature / Shenzhen)

Adelaide Luke, Howard Chan, Frances Xu • January 2021

On 14 December 2020, China’s State Administration for Market Regulation (SAMR) imposed fines against three internet based companies Alibaba Investment Limited, China Literature Limited and Shenzhen Hive-box Network Technology for respective failures to notify past transactions under the merger (...)

10 Dec 2020 B

The German Competition Authority examines linkage between virtual reality products brand and social network company (Oculus / Facebook)

German Competition Authority • January 2021

Bundeskartellamt examines linkage between Oculus and the Facebook network* The Bundeskartellamt has today initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and the social network and Facebook platform. Andreas Mundt, President of the (...)

10 Dec 2020 B

The German Competition Authority announces that it has initiated abuse proceedings against a social platform company for linkage with a virtual reality products brand (Oculus / Facebook)

Kyriakos Fountoukakos, Peter Rowland, Marcel Nuys, Florian Huerkamp • January 2021

The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. The accusations against Facebook Facebook’s (...)

9 Dec 2020 B

The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive conditions on software developers (Facebook)

US Federal Trade Commission • January 2021

FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

9 Dec 2020 B

The US State of New York Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and reduction of privacy protections for consumers (US State AGs / Facebook)

US State Attorney General New York • January 2021

Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...)

8 Dec 2020 B

The UK Competition Authority advises the Government on a regulatory regime for tech giants

UK Competition Authority • January 2021

CMA advises government on new regulatory regime for tech giants* The CMA has issued advice to government on the design and implementation of the UK’s new pro-competition regime for digital markets. New regime will proactively shape the behaviour of the most powerful tech firms It will ensure (...)

8 Dec 2020 B

The UK Competition Authority, along with other national competition authorities, secures privacy changes to tech company’s mobile app store (Apple App Store)

UK Competition Authority • January 2021

CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...)

8 Dec 2020 B

The OECD holds a roundtable on abuse of dominance in digital markets

OECD • January 2021

Many digital markets exhibit certain characteristics, such as low variable costs, high fixed costs and strong network effects, that result in high market shares for a small number of firms. In some cases, these lead to “competition for the market” dynamics, in which a single firm captures the (...)

8 Dec 2020 B

The UK Competition Authority proposes a pro-competition regime for digital markets

Mark Jephcott, Peter Rowland, Kristien Geeurickx • January 2021

On 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...)

8 Dec 2020 B

The Dutch Competition Authority calls big tech company to inform consumers about the data use of apps (Apple)

Dutch Competition Authority • January 2021

Apple informs consumers about the data use of apps following call from regulators worldwide* Apple will indicate in its App Store what personal data each app uses. Starting today, app providers are required to include such information on their products’ pages in app stores. This information (...)

8 Dec 2020 B

The UK Competition Authority publishes recommendations for the regulation of digital markets

James Marshall, Thomas Reilly • January 2021

The UK Competition and Markets Authority (“CMA”) has published advice to the UK Government on the design and implementation of a new regulatory regime for digital markets. The new regime, if implemented, will apply to certain digital businesses that are designated as having Strategic Market (...)

8 Dec 2020 B

The UK Competition Authority gradually moves towards a mandatory notification regime

Chloe Birkett, Peter Willis • January 2021

In recent years, the Competition and Markets Authority (CMA) has become noticeably more pro-active and interventionist in reviewing transactions. In 2019 more than 50% of mergers referred to Phase 2 were prohibited or abandoned. At Phase 2 in 2020, the CMA has already issued three prohibitions (...)

8 Dec 2020 B

The UK Competition Authority proposes national competition regime for large tech firms

Bill Batchelor, Ingrid Vandenborre, Aurora Luoma, Alexander Kamp, Michael J. Frese • January 2021

The U.K. Competition and Markets Authority (CMA) has advised the U.K. government to create additional competition rules for large tech firms and platforms: Large tech firms considered to have “strategic market status” (SMS) should be subject to an enforceable code of conduct to prevent (...)

8 Dec 2020 B

The Israeli Competition Authority examines 21 national start-ups that were acquired by giant technology companies and submits the findings to the OECD

Israel Competition Authority • January 2021

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

8 Dec 2020 B

The UK Competition Authority publishes report setting out recommendations which the Government could implement to regulate technology firms in a way that promotes competition in digital markets

Anna Stellardi, Anna Morfey, Stella Gartagani, Kio Gwilliam • January 2021

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

7 Dec 2020 B

The Canadian Competition Authority seeks input on Canadians’ experiences accessing and using digital health services

Canadian Competition Bureau • January 2021

Competition Bureau seeking input on Canadians’ experiences accessing and using digital health services* Today, the Competition Bureau launched a short online survey to learn about Canadians’ experiences accessing and using digital health care services. By filling out this short 5-minute online (...)

4 Dec 2020 B

The Dutch Competition Authority launches an investigation into users’ freedom of choice regarding payment apps on smartphones

Dutch Competition Authority • January 2021

ACM launches an investigation into users’ freedom of choice regarding payment apps on smartphones* The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into payment apps’ access to NFC communication (‘Near-Field Communication’). NFC communication offers the (...)

4 Dec 2020 B

The Russian Competition Authority fines big tech companies for distributing and advertising a prohibited dietary supplement for manufacture and distribution (Yandex / Google)

Russian Competition Authority • January 2021

The FAS Russia Fined Yandex and Google LLC* 100 thousand rubles fines were imposed for distribution in search engines of an advertisement for a dietary supplement that contained Kava pepper that is prohibited for manufacture and distribution The FAS Russia recognized both Yandex and Google (...)

3 Dec 2020 R

Legal, institutional and policy implications of the introduction of a new competition tool

Assimakis Komninos, Georgios Gryllos • N° 1-2021

As the European Commission is preparing its proposal for a ’New Competition Tool’, we look at the legal, Institutional and policy Implications of such a tool. We examine questions of legal basis, substantive standard of Intervention, procedural design and judicial review and the role of EU (...)

3 Dec 2020 B

The Dutch Competition Authority publishes its report on the role of big techs in the payment market

Annette Printz Nielsen, Hans Svensson, Kim Kit Ow, Slawomir Szepietowski, Stefano Febbi, Konrad Siegler, Michael Jünemann, Kristiina Lehvilä, Ivan Sagál, Michelle Chan, Shane Barber, Joost van Roosmalen, Trystan Tether, Pauline Kuipers, Scott McInnes, Cathie-Rosalie Joly, Adrian Calvo • January 2021

Dutch regulator calls for tighter regulation of Big Techs in payment market study On 1 December 2020, the Dutch competition authority (ACM) published its long-awaited report on the role of major technology firms (Big Techs) in the payment market. The publication of the report was expected in (...)

3 Dec 2020 R

Fixed prices: The French Competition Authority sanctions a tea producer for having imposed, on its distributors, the selling prices of its teas sold online, but, applying the Coty case law, dismisses the complaint sanctioning the prohibition of the resale of the contractual products on third party internet platforms (Dammann Frères)

Alain Ronzano • N° 4-2020

On 3 December 2020, the Competition Authority issued a decision No. 20-D-20 under the terms of which it sanctions the company Dammann Frères for having implemented, from April 2015 to June 2017 (pt. 276), practices intended to limit the pricing freedom of its distributors, by directly or (...)

3 Dec 2020 B

The OECD holds a roundtable on competition economics of digital ecosystems

OECD • January 2021

Competition in the digital economy is increasingly a competition between ecosystems. The most successful digital companies in recent years have been building their business model around large ecosystems of complementary products and services around their core service. Integration of a wide (...)

3 Dec 2020 B

The UK Competition Authority consults on its annual plan for 2021 and 2022

UK Competition Authority • January 2021

The CMA is consulting on its Annual Plan for 2021/22.* The Competition and Markets Authority (CMA) has outlined the key areas on which it expects to focus in the coming year, including its ongoing commitment to protect UK consumers during the unprecedented circumstances of the coronavirus (...)

2 Dec 2020 C

8th Global Merger Control Conference #1 Joint interview with Isabelle de Silva & The ECJ Three/O2 ruling: Everything changed?

Isabelle de Silva, Gabriella Muscolo, Ian Forrester, Gabriel Lluch, Mélanie Thill-Tayara, Laurence Bary, David Foster, Laurent Flochel

1st Webinar of the « 8th Global Merger Control Conference » organised by Concurrences, in partnership with Dechert, CRA and Frontier Economics. Opening discussion with Isabelle de Silva (President, Autorité de la concurrence), Laurent Flochel (Vice President, CRA) and Mélanie Thill-Tayara (Partner, (...)

1 Dec 2020 B

The Dutch Competition Authority finds in its study of major tech firms on the national payment market that tightening of rules is needed to maintain a level playing field

Dutch Competition Authority • January 2021

Big Tech and the Dutch payment market: tightening of rules needed to maintain a level playing field* Big Tech companies such as Apple, Facebook, Amazon, or Ant Group (Alibaba) must ensure that their platforms or devices are suitable for different providers of payment services. The Netherlands (...)

30 Nov 2020 B

The OECD holds a roundtable on competition in digital advertising markets

OECD • November 2020

Digital advertising is now the leading form of advertising in most if not all OECD countries, and offers businesses the ability to reach consumers in ways that could only have been imagined previously. Increased Internet coverage and mobile phone penetration has fundamentally changed the (...)

27 Nov 2020 B

The UK Government responds to the Competition Authority’s final report on its inquiry on online platforms and digital advertising

Anthony Rosen • November 2020

The Government has decided to move ahead with the establishment of the Digital Markets Unit (DMU) and the adoption of an enforceable code of conduct to tackle digital markets (Digital Code). These measures are designed to support the establishment of a new pro-competitive regime for digital (...)

27 Nov 2020 B

The UK Government announces a new competition regime for tech giants with more data control for consumers, more online promotion opportunities for small businesses, more balance for publishers, and a new Digital Markets Unit to oversee it all

UK Competition Authority • November 2020

New competition regime for tech giants to give consumers more choice and control over their data, and ensure businesses are fairly treated* A dedicated Digital Markets Unit will be set up to introduce and enforce a new code to govern the behaviour of platforms that currently dominate the (...)

27 Nov 2020 B

The UK Competition Authority welcomes the Government’s response to its online platforms and digital advertising market study

UK Competition Authority • November 2020

CMA welcomes government response to digital advertising study* The CMA has welcomed the UK Government’s response to its online platforms and digital advertising market study. The government has today accepted, in principle, the findings of the Competition and Markets Authority’s (CMA) year-long (...)

27 Nov 2020 B

The UK Government announces its intention to establish a dedicated digital markets unit to protect competition in respect of digital platforms

Charles Brasted, Matt Giles, Telha Arshad, Stelios Charitopoulos, Morven Macaulay • November 2020

The United Kingdom and the European Union are set to take bold strides towards the regulation of digital markets in coming months. While both are broadly aligned in their intention to better regulate large tech companies, the extent to which their post-Brexit regulatory approaches might diverge (...)

24 Nov 2020 B

The EU Court of Justice rules that a hotel using an online booking platform may, in principle, bring proceedings against that platform before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position (Wikingerhof / Booking.com)

European Court of Justice • November 2020

A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position* Even though the practices which are thus the subject of (...)

24 Nov 2020 B

The German Competition Authority unconditionally clears merger of online classified ads platforms (eBay Classifieds Group / Adevinta)

German Competition Authority • November 2020

Bundeskartellamt clears merger between eBay Classifieds Group and Adevinta* The Bundeskartellamt has cleared the notified merger between the eBay Classified Group and Adevinta. As a result of the merger the previous eBay subsidiary eBay Classifieds Group will be taken over by Adevinta. In the (...)

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