Search results - Concurrences

15 Jun 2021 C

IP & Antitrust : Hot issues - Inaugural online edition #1 The value of IP : FRAND licensing of SEPs

Jonathan M. Barnett, Pierre Régibeau, Raphaël De Coninck, Paul Lugard, Avantika Chowdhury, Kirti Gupta

1st Webinar of the 1st « IP & Antitrust: Hot Issues » Conference organised by Concurrences, in partnership with Baker Botts, Oxera and CRA. Keynote speech by Pierre Régibeau (Chief Economist, DG COMP). Panel with Jonathan Barnett (Professor, University of Southern California), Avantika (...)

3 Jun 2021 R

Single and continuous infringement: Advocate General Pitruzzella considers that the Commission’s finding of a single and continuous infringement does not imply that it is composed of several separate infringements (Sony, Quanta, Toshiba Samsung)

Alain Ronzano • N° 2-2021

On 3 June 2021, Advocate General Giovanni Pitruzzella delivered his Opinion on the two legal questions, on which the Court of Justice of the Union asked him following four appeals lodged by suppliers of optical disk drives seeking the annulment of four judgments delivered on 12 July 2019 in (...)

2 Jun 2021 eB

Frédéric Jenny Liber Amicorum Volume II - Standing Up for Convergence and Relevance in Antitrust PART V - INTELLECTUAL PROPERTY
The Interface of Competition and Intellectual Property Law: Taking Stock and Identifying New Challenges

Antonio Gomes, Pedro Caro de Sousa

PART V Intellectual Property 207 The Interface of Competition and Intellectual Property Law: Taking Stock and Identifying New Challenges Pedro C aro de sousa and antónio G oMes *1 OECD Abstract The increasing prominence of the digital economy, a vital sector driving economic growth, is reflected (...)

20 May 2021 B

The Australian Competition Authority clears the merger between two tech companies (Salesforce)

Australian Competition Authority • Preview

Salesforce and Slack deal not opposed* The ACCC will not oppose the proposed acquisition of Slack Technologies, Inc. (Slack) by salesforce.com, inc. (Salesforce). Salesforce is a global supplier of customer relationship management (CRM) software. Slack is an enterprise collaboration (...)

12 May 2021 B

The Russian Competition Authority approves the conclusion of the agreement on 5G networks for mobile operators (Rostelecom / Bashinformsvyaz / VimpelCom)

Russian Competition Authority • June 2021

The FAS approved conclusion of the agreement on 5G networks for mobile network operators* Such an agreement should contain conditions for equal access to radio frequencies for all market participants The FAS Russia has considered the application of Rostelecom PJSC, Bashinformsvyaz PJSC, (...)

29 Apr 2021 B

The UK Competition Authority finds competition concerns in the merger between two national secure authentication management solutions providers (Imprivata / Isosec)

UK Competition Authority • June 2021

Imprivata’s purchase of Isosec raises competition concerns* The Competition and Markets Authority (CMA) has found that Imprivata’s proposed acquisition of Isosec raises competition concerns. Imprivata and Isosec provide secure authentication management solutions to healthcare providers in (...)

29 Apr 2021 B

The German Competition Authority clears a merger between two semiconductor manufacturers subject to conditions (Renesas / PLC)

German Competition Authority • June 2021

Semiconductor industry: Bundeskartellamt clears the proposed acquisition of Dialog Semiconductor PLC by Renesas Electronics Corporation* The Bundeskartellamt has today cleared plans by the Japanese company Renesas Electronics Corporation to acquire all shares and sole control of Dialog (...)

28 Apr 2021 B

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision stating that a print circulars distributor abused its dominant position (FK Distribution)

Danish Competition Authority • June 2021

Danish Competition Appeals Tribunal: FK Distribution has abused its dominant position* The Danish Competition Appeals Tribunal has upheld a June 2020 decision by the Danish Competition Council stating that FK Distribution abused its dominant position on the market for distribution of (...)

27 Apr 2021 B

The German Government passes a revised regulation on foreign investment control

Falk Schöning, Stefan Kirwitzke • June 2021

Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past months. Against this backdrop, Germany is moving forward on its plans for (...)

27 Apr 2021 B

The German Government introduces a significant amendment of foreign direct investment rules

Marius Boewe, Kristin Kattwinkel • June 2021

Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette (...)

20 Apr 2021 C

Antitrust in the Financial Sector #3 Financial Sector Consortia and Collaborations

Irene de Angelis, Mark J. Gidley, Rosa M. Abrantes-Metz, Jon R. Roellke

3rd webinar of the 5th « Antitrust in Financial Sector » Conference organised by Concurrences, in partnership with Morgan Lewis, Brattle, Intesa Sanpaolo and White & Case, with Irene de Angelis (Head of Antitrust Affairs, Intesa Sanpaolo), Mark Gidley (Partner, White & Case), Rosa M. (...)

20 Apr 2021 B

The EU Commission reviews the merger between two biotech company specialised in genomic sequencing (Illumina / Grail)

French Competition Authority • June 2021

The European Commission opens a review of Illumina’s acquisition of Grail under the procedure of Article 22 of the 2004 Merger Regulation* Background Following the referral request submitted by the Autorité de la concurrence, which was joined by several Member States of the European Economic (...)

16 Apr 2021 B

The Australian Competition Authority clears the merger between two software companies (MYOB / GreatSoft)

Australian Competition Authority • March 2021

MYOB’s acquisition of GreatSoft not opposed* The ACCC will not oppose MYOB Invest Co Pty Ltd’s acquisition of GreatSoft Pty Ltd, finding the transaction is not likely to substantially lessen competition. MYOB and GreatSoft both supply practice management software to medium-to-large accounting (...)

6 Apr 2021 C

Antitrust in the Financial Sector #1 Fireside Chat with Brian Brooks

Richard S. Taffet, Brian Brooks

1st webinar of the 5th « Antitrust in Financial Sector » Conference organised by Concurrences, in partnership with Morgan Lewis, with Brian Brooks (Former Acting Comptroller of the Currency | Member of the Board, Spring Labs) and Richard Taffet (Partner, Morgan (...)

30 Mar 2021 B

The US FTC challenges the merger between a pharmaceutical company and a cancer detection test manufacturer (Grail / Illumina)

US Federal Trade Commission • March 2021

FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency alleges vertical merger would harm competition in the U.S. market for life-saving Multi-Cancer Early Detection tests The Federal Trade Commission has filed an administrative complaint (a public version (...)

23 Mar 2021 B

The Italian Competition Authority sends to the government its proposal aiming at removing potential legal or administrative burdens to the opening of markets and ensure the development of competition as well as promoting the economic recovery of the country

Veronica Pinotti, Martino Sforza • February 2021

On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of Law 99/2009. The ICA reform proposals affect a broad variety of industries (...)

23 Mar 2021 B

The Italian Competition Authority proposes procedural reforms to promote national competition

Francesca Morra • June 2021

On 23 March 2021, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “ICA” or the “Authority”), in its consulting role for the Government in the context of the enactment of the annual competition law, issued a series of proposals for reforms. The result is a (...)

23 Mar 2021 B

The Italian Competition Authority issues its 2021 recommendations to the government

Federico Marini Balestra, Lucia Antonazzi • June 2021

Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to areas in (...)

18 Mar 2021 B

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement

Marianna Riedo, Irene Picciano, Enzo Marasà • June 2021

The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

15 Mar 2021 B

The Portuguese Competition Authority carries out an analysis of the FinTech market which reveals barriers to entry

Portuguese Competition Authority • February 2021

AdC’s sector inquiry on FinTech: 74% of companies operating in Portugal consider that there are barriers to market entry* The AdC – Portuguese Competition Authority recently carried out an analysis of the FinTech market in Portugal to follow up on the recommendations made in 2018. The results (...)

2 Mar 2021 B

The UK Government publishes a consultation response which clarifies the national security regime

Michele Davis, Sarah Jensen, Thomas McGrath, Megan Yeates • February 2021

Since the UK Government published the National Security and Investment Bill (the Bill) in November 2020 (see our earlier briefing), a number of issues have prompted significant debate and investor concerns. Many of these centre on the delicate balance between the UK Government’s desire to (...)

1 Mar 2021 B

The Czech Competition Authority publishes an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021

Vojtech Chloupek, Jiři Švejda • June 2021

The Office for the Protection of Competition (“Office”) recently published an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021. The most important areas are prohibited agreements, abuse of a dominant position and significant market power. In 2020, in (...)

25 Feb 2021 B

The Indian Government enacts the comprehensive Information Technology Rules providing governance structures for social media and related companies

Urmil Shah, Vishwa Mukhtya • February 2021

Introduction The Indian Government in February, 2021 enacted the comprehensive Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Media Code”) providing governance structures for social media and related companies. It encompasses an embargo of (...)

24 Feb 2021 R

Abuse of economic dependence: The French Competition Authority again rejects the characterisation of an abuse of economic dependence and rejects the referral of the distributor for lack of evidence (Cartocad / Autodesk)

Alain Ronzano • N° 2-2021

On 3 March 2021, the Competition Authority made public a decision No. 21-D-04 adopted on 24 February 2021. about practices denounced in the publishing and professional software sales sector. In September 2020, Cartocad, a distributor of software products and related services on behalf of (...)

11 Feb 2021 B

The Australian Competition Authority outlines competition concerns over a national software company’s proposed acquisition of a South African software provider that could substantially lessen competition in the accounting software market (MYOB / GreatSoft)

Australian Competition Authority • February 2021

Preliminary competition concerns over MYOB’s GreatSoft acquisition* The ACCC has outlined preliminary competition concerns that MYOB’s proposed acquisition of GreatSoft could substantially lessen competition in the accounting software market. MYOB and GreatSoft both supply practice management (...)

9 Feb 2021 B

The UK Competition Authority publishes an updated version of its Digital Markets Strategy

Nigel Parr, Steven Vaz • February 2021

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

28 Jan 2021 B

The EU Court of Justice upholds the General Court’s ruling finding that an information request issued by the EU Commission as part of its investigation into a big tech company’s predatory pricing practices is valid (Qualcomm)

Donald Slater, Duncan Liddell • January 2021

On 28 January 2021, the European Court of Justice ("ECJ") upheld a ruling of the General Court finding that an information request issued by the EU Commission, as part of its investigation into Qualcomm’s predatory pricing practices, did not breach the principles of necessity and (...)

28 Jan 2021 B

The EU Court of Justice confirms the Commission’s power to issue a request for additional information after statement of objections (Qualcomm)

Margot Vogels • January 2021

On 28 January 2021, the European Court of Justice (“ECJ”) handed down a judgment in Case C-466/19 P (Qualcomm Inc. and Qualcomm Europe v. European Commission). Following a complaint submitted in 2010 by Icera Inc., a producer and distributor of soft chipsets which deliver high-performance (...)

22 Jan 2021 B

The Indian Competition Authority publishes the key findings of its market study on the telecom sector

Anisha Chand, Anmol Awasthi • January 2021

Tring Tring! CCI calls in the market study on Indian telecom sector* On 22 January 2021, the Competition Commission of India (CCI) published its market study on the Indian telecom sector (Market Study). Initiated by the CCI in January 2020 as part of its advocacy measures, the Market Study (...)

22 Jan 2021 B

The German Government introduces a draft bill on foreign direct investment

Falk Schöning, Stefan Kirwitzke • January 2021

Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing rules) and made use of them with, for example, prohibitions (...)

21 Jan 2021 C

2nd Cartels Workshop #2 Procedural issues

Aymeric de Moncuit, Dirk Van Erps, Karima El Sammaa, Daniel Vowden, Ashley Brickles

2nd Webinar of the « 2nd Cartels Workshop » organised by Concurrences, in partnership with Herbert Smith Freehills and FTI Consulting, with Ashley Brickles (Senior Managing Director, FTI Consulting), Aymeric de Moncuit (Référendaire, CJEU), Karima El Sammaa (Senior Antitrust Counsel, General (...)

14 Jan 2021 R

Statute of limitations: The Court of Justice of the European Union rules on the relationship between European Union law and national rules on the statute of limitations for proceedings brought by national competition authorities (Kilpailu- ja kuluttajavirasto (Eltel), Whiteland)

Pascal Cardonnel • N° 2-2021 • pp. 147-149

Prosecution proceedings brought by the Commission are governed by EU law; those brought by national competition authorities ["NCAs"] by their national law. The limitation period for such proceedings therefore depends on whether they are initiated by the Commission or by an NCA, and whether they (...)

12 Jan 2021 B

The German Competition Authority clears the acquisition of software designer by national database company (Beck / RA-MICRO)

German Competition Authority • January 2021

C.H. Beck can acquire share in RA-MICRO* The Bundeskartellamt has cleared the acquisition of a minority share in the provider of practice management software for law firms, RA MICRO Software GmbH, Berlin, by the publishing house C.H. Beck, Munich, which publishes expert legal information. The (...)

6 Jan 2021 B

The UK Competition Authority investigates American chip producer’s takeover of national intellectual property company (NVIDIA / Arm)

UK Competition Authority • January 2021

CMA to investigate NVIDIA’s takeover of Arm* The CMA is inviting interested third parties to provide initial views on the anticipated acquisition of Arm by NVIDIA. This is an early opportunity for interested third parties to comment on the impact that the takeover could have on competition in (...)

18 Dec 2020 B

The French Government extends COVID-19 interim rules on foreign investments and rejects the American industrial conglomerate’s acquisition of national optronic technologies firm (Teledyne / Photonis)

Wesley Laine, Pascal Bine • December 2020

France Extends COVID-19 Interim Rules on Foreign Investments and Vetoes Teledyne’s Acquisition of Photonis* On December 18, 2020, French Minister for the Economy (MoE) Bruno Lemaire announced that the COVID-19 interim rules on foreign investment control (interim rules) — which were issued on (...)

18 Dec 2020 B

The French Government rejects the American industrial conglomerate’s acquisition of a national optronic technologies firm (Photonis / Teledyne)

Jeremy Bernard • December 2020

French veto to the acquisition of Photonis par Teledyne* Applying legislative and regulatory measures to control foreign investments in France, the French Government has banned the American Teledyne from buying French Photonis. 1. France established a scheme for controlling investments made (...)

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 • December 2020

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 (Facebook)

US State Attorney General New York • December 2020

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 (...)

9 Dec 2020 B

The Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)

Czech Competition Authority • December 2020

Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...)

9 Dec 2020 eB

Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets

Jorge Padilla, Koren Wong-Ervin

131 Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets JOrGe P adIlla and K Oren w. w OnG -e rvIn * Compass Lexecon Global Antitrust Institute, George Mason University Abstract We consider the merits of recent (...)

8 Dec 2020 B

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

UK Competition Authority • December 2020

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 • December 2020

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

Mark Jephcott, Peter Rowland, Kristien Geeurickx • December 2020

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 UK Competition Authority publishes recommendations for the regulation of digital markets

James Marshall, Thomas Reilly • December 2020

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 • December 2020

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 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 • December 2020

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 (...)

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 • December 2020

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 (...)

2 Dec 2020 B

The German Government prohibits the acquisition of a communications technology company by a Chinese communication product manufacturer (IMST / Addsino)

Falk Schöning, Sebastian Faust, Stefan Kirwitzke • December 2020

Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules. Now it appears that it is time to make use of them: this week Germany has (...)

1 Dec 2020 B

The US FTC approves prosthetics manufacturer’s application to divest assets it gained through the acquisition of prosthetics company (Otto Bock / Freedom)

US Federal Trade Commission • December 2020

FTC Approves Otto Bock HealthCare North America, Inc.’s Application to Divest Assets It Gained through Acquisition of FIH Group Holdings, LLC* Divestiture preserves competition for microprocessor prosthetic knees The Federal Trade Commission has approved an application by prosthetics (...)

30 Nov 2020 B

The Australian Competition Authority begins consultation on the proposed acquisition of health and wellness undertaking by Big tech company (Google / Fitbit)

Australian Competition Authority • November 2020

Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

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