Bulletin
Latest News issue: August 2020

General antitrust

The Irish Competition Authority releases its 2019 annual report New
Irish Competition Authority (Dublin)
CCPC Publishes 2019 Annual Report* The Competition and Consumer Protection Commission (CCPC) has today published our 2019 Annual Report. The report details the work of the CCPC in 2019 and highlights the impactful and varied role which the organisation plays across the economy. Isolde Goggin (...)

The US House Subcommittee on Antitrust, Commercial and Administrative Law holds hearings of a multinational online retail platform for antitrust claims (Amazon / Google / Apple / Facebook) New
Bona Law (Detroit)
Big Tech Hearings: What Do They Tell Us About Amazon and Antitrust?* The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions were asked (...)

The Croatian Competition Authority releases its 2019 annual report New
Croatian Competition Agency (Zagreb)
Annual Report of the Croatian Competition Agency for 2019* The Annual Report for 2019 outlines the CCA activities in the previous year and informs the political scene, the economic operators and all professional stakeholders about the operation of the CCA in 2019, ensuring the transparency (...)

The UK Competition Authority takes part in a paper exploring the consequences for competition of the COVID-19 pandemic Free
United Kingdom’s Competition Authority - CMA (London)
How should competition policy react to coronavirus?* IPPR has today published a paper by CMA Chairman Andrew Tyrie, discussing how competition policy can contribute to a robust and sustainable post-crisis recovery. The paper - How should competition policy react to coronavirus? - explores (...)

The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG)
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
The updated German Foreign Trade and Payments Act enters into effect on July 17 and is the second of three major steps planned for 2020 to reform Germany’s foreign direct investment regime. The updated German Foreign Trade and Payments Act (Außenwirtschaftsgesetz (AWG)) includes the necessary (...)

The EU Commission launches a sector inquiry into the consumer-related devices and services that are connected through a network and can be controlled wirelessly (IoT)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (London)
On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device." Commission (...)

The EU Commission launches a sector inquiry into the Internet of Things for consumer-related products and services in the EU New
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
Sector inquiry launched into the Internet of Things On 16 July 2020, the European Commission ("Commission") launched an antitrust competition inquiry into the sector of Internet of Things ("IoT") for consumer-related products and services in the EU. The inquiry complements other actions (...)

The EU Commission launches a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT) New
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
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Baker McKenzie (London)
In brief The European Commission (Commission) has launched a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT). This marks the start of an intensive information gathering process in which hundreds of companies will be asked for information (...)

The EU Commission launches a sector inquiry into the consumer Internet of Things (IoT) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 July 2020, the European Commission (“Commission”) launched an antitrust sector inquiry into the market for the Internet of Things (IoT) for consumer-related products and services in the EU. According to the Commission, the sector inquiry will focus on consumer-related products and services (...)

The UK Competition Authority publishes its annual report 2019/2020
United Kingdom’s Competition Authority - CMA (London)
CMA publishes Annual Report 2019/2020* The CMA has published its Annual Report, highlighting the wide range of work the UK competition and consumer authority has carried out in the past year. Throughout the year, the CMA delivered a substantial volume of work to ensure effective enforcement (...)

The Mexican Competition Authority calls for multiple national regulators to adopt measures to increase competition in the gasoline markets
Mexican Competition Authority (Mexico City)
The implementation of regulation in gasoline markets should incentivize competition in order to reduce its final price to the public: COFECE* The Commission issued an opinion where it proposes that SENER, SE, CRE and CONAMER adopt measures to increase competition in the gasoline markets. The (...)

The Dutch Competition Authority offers more leeway for environmental sustainability initiatives with competition law New
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in the Draft (...)

The German Competition Authority opens a sector inquiry into publicly accessible charging infrastructure for electric vehicles
German Competition Authority (Bonn)
Sector inquiry on publicly accessible charging infrastructure for electric vehicles* The Bundeskartellamt has initiated a sector inquiry on the provision and marketing of publicly accessible charging infrastructure for electric vehicles. Andreas Mundt, President of the Bundeskartellamt: “In (...)

The Italian Competition Authority provides feedback on the governmental report regarding the development of ultra-wideband fixed and mobile telecommunication infrastructure, with a view to promoting investment and competition
Italian Competition Authority (Rome)
S3904 - ICA: removing obstacles to the development of the ultra-wide bands. Report to Parliament, the Government, AGCOM and ANCI* At the meeting of the 1st July 2020, the Italian Competition Authority [Autorità Garante della Concorrenza e del Mercato] decided to address a report to the (...)

The Italian Competition Authority reports to Parliament and the Government on the Relaunch Decree related to COVID-19 Free
Italian Competition Authority (Rome)
S3940 - ICA: report to Parliament and the Government on Relaunch Decree issues At the meeting held on the 1st July 2020, the Authority resolved, pursuant to article 21 of Italian Law no. 287/1990, to report certain provisions of Italian Decree Law no. 34 of 19 May 2020 on Urgent measures (...)

The UK Competition Authority calls for a new regime regulating tech giants
United Kingdom’s Competition Authority - CMA (London)
New regime needed to take on tech giants* The CMA is calling on the government to introduce a new pro-competition regulatory regime to tackle Google and Facebook’s market power. The dynamic nature of digital advertising markets and the types of concerns identified by the Competition and (...)

The German Competition Authority demands better information for consumers on the data processed by smart TVs
German Competition Authority (Bonn)
Bundeskartellamt demands better information for consumers on the data processed by smart TVs within the scope of its competencies in the area of consumer protection* Today the Bundeskartellamt has published the final report on its sector inquiry into smart TVs. Smart TVs are web-enabled TV (...)

The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants (Google / Facebook) New
Shearman & Sterling (London)
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Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focused on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same day. (...)

The UK Competition Authority publishes a series of regulatory initiatives aimed at online platforms focussed on digital advertising and signals a new path for UK clampdown on big techs due to the current inadequate competition law toolkit
Shearman & Sterling (London)
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Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)

The UK Competition Authority seeks new regulatory regime for digital markets following its market study New
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
On 1 July 2020, the UK Competition & Markets Authority ("CMA") published its final report following a 12-month market study into online platforms and digital advertising in the UK (the "Final Report"). The Final Report concludes that, due to the dynamic nature of digital advertising, (...)

The German Competition Authority publishes its final sector inquiry report on smart TVs New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 1 July 2020, the German Federal Cartel Office (“FCO”) published the final report on the sector inquiry on smart TVs which revealed serious transparency shortcomings in the privacy policies of all major market players in Germany. The FCO concluded that almost all smart TV manufacturers active (...)

The UK Competition Authority publishes its final report on online platforms and digital marketing and calls for a new pro-competitive regulatory regime New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) published its final report on its year-long market study into online platforms and the digital advertising market in the UK. The CMA found that existing competition law tools are not suitable for ensuring effective competition in (...)

The EU Commission publishes its 2019 annual activity report
Van Bael & Bellis (Brussels)
On 25 June 2020, the European Commission’s Directorate-General of Competition (“DG Competition”) published its 2019 Annual Activity Report. In the foreword, Olivier Guersent, Director-General of DG Competition, expresses the view that creating “European Champions” would be a mistake as all companies (...)

The Polish Government amends the national foreign investments control scheme and obliges investors from outside the EEA or from non-OECD countries to notify their transaction
Hansberry Tomkiel (Warsaw)
LEAD: Pursuant to the recently amended Polish rules on the control of investments, the Polish Competition Authority (UOKiK) is empowered to review intended investments in Polish companies by investors who are: i) from outside of the European Economic Area, or ii) from non-OECD countries. Such (...)

The EU Commission adopts a white paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU New
Dechert (Brussels)
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Dechert (Brussels)
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Dechert (Brussels)
Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of anti-trust/merger (...)

The French Competition Authority publishes a study on e-commerce and competition law
Bird & Bird (Paris)
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Bird & Bird (Paris)
E-commerce is an essential distribution channel with specific features to which the competition authorities had to adapt. Reflections on the impact of e-commerce has never been more relevant than today, as the global COVID-19 health crisis has boosted online sales. In this context, the French (...)

The French Competition Authority publishes a study on competition and e-commerce
Van Bael & Bellis (Brussels)
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 online (...)

The UK High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)
Van Bael & Bellis (Brussels)
On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach Article (...)

The Indian Competition Authority holds a roundup covering the main developments of the past two months
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Indian Competition Law Roundup: April-May 2020* In this Roundup, we highlight the main developments in Indian competition law in April and May 2020. The COVID-19 Response The CCI is Open for Business As stated in our April update on ‘Indian Competition Law and COVID-19’, the Competition (...)

The Belgian Competition Authority adopts new guidelines regarding the calculation of fines, leniency applications and on the informal opinions of the Competition’s Authority President
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 22 May 2020 the Belgian Competition Authority (BCA) published three new guidelines: (i) new guidelines regarding the informal opinions of the BCA’s President; (ii) new guidelines regarding the calculation of fines; and (iii) new leniency guidelines. Below we set out the most important (...)

The OECD reports on foreign direct investment flows regulation in EU member states during the COVID-19 pandemic Free
Addleshaw Goddard (London)
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Addleshaw Goddard (London)
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Addleshaw Goddard (London)
UK FDI Hub: COVID-19 and foreign direct investment regulation* Introduction The OECD reports that even if economies begin recovering in the second half of the year, foreign direct investment (FDI) flows are expected to fall more than 30% in 2020 from 2019 levels, as a result of the policy (...)

Anticompetitive practices

The Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations New
White & Case (Washington)
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White & Case (Cairo)
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White & Case (Washington)
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)

The Mexican Competition Authority fines 11 companies and 14 individuals for colluding in public tenders for services of laboratory tests and blood banks (Selecciones Médicas / Vitalmex / Centrum / Impromed / Falcón ...) New
Mexican Competition Authority (Mexico City)
COFECE fines companies and natural persons for colluding in tenders for services for laboratory tests and blood banks convened by IMSS and ISSSTE* The Board of Commissioners determined that 11 companies and 14 natural persons coordinated their bids or abstained from bidding in several tenders (...)

The US District Court for the Southern District of New York terminates long-standing Paramount consent degrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures) New
US Department of Justice - Antitrust Division (Washington)
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of these (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija) New
Konkurences padome (Riga)
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Australian Competition Authority proposes to continue to allow airlines to cooperate on regional routes due to COVID-19 pandemic New
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to continue to allow airlines to cooperate on regional routes* Regional Express Pty Ltd (Rex) will be allowed to continue to coordinate flight schedules with Qantas and Virgin Australia on 10 regional routes (the relevant routes) in response to the COVID-19 pandemic, under an (...)

The Portuguese Competition Authority issues a statement of objections to six waste management companies for non-competition agreement (Blueotter / EGEO) New
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to six waste management companies for non-competition agreement* The AdC issued a Statement of Objections to six companies and six board members of the waste management groups Blueotter and EGEO with respect to a non-competition agreement, forbidden by (...)

The French Competition Authority launches a market consultation to assess the proposal of a company in the toy retail sector to modify its pricing policy (Lego)
French Competition Authority (Paris)
Lego proposes commitments to the Autorité to modify its pricing policy* The Autorité launches a market consultation to assess this proposal. Cdiscount and EMC Distribution (Casino Group’s reference listing offices) lodged a complaint with the Autorité de la concurrence regarding practices (...)

The New Zealand Competition Authority reaches a settlement in equine air freight price-fixing proceeding (IRT Partnership) New
New Zealand Commerce Commission
Settlement reached in equine air freight price-fixing proceeding* A settlement has been reached with the International Racehorse Transport New Zealand Partnership (IRT Partnership) in a price fixing case arising from an arrangement between IRT Partnership and its competitor for the provision (...)

The Greek Competition Authority fines two furniture companies for bid rigging a public hospital’s tender, but reduces their fines for cooperation in the case (Papanastasiou / Pichas) New
Hellenic Competition Authority (Athens)
Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

The Dutch Competition Authority reports that smaller businesses, especially in the transport sector, are less aware of competition rules New
Netherlands Authority for Consumers & Markets (The Hague)
Smaller businesses in particular lag behind in their awareness of distortion of competition* Most companies that are active in the Dutch ports and in port-related markets say they comply with the rules on fair competition. Yet, smaller companies in particular do not know the rules very well. (...)

The US DoJ issues a letter for monoclonal antibody manufacturers to expand their production during the COVID-19 pandemic and allows exchange of information New
US Department of Justice - Antitrust Division (Washington)
Department Of Justice Issues Business Review Letter To Monoclonal Antibody Manufacturers To Expedite And Increase The Production Of Covid-19 Mab Treatments* The United States Department of Justice announced today that it will not challenge proposed efforts by Eli Lilly and Company, AbCellera (...)

The US DoJ charges sixth pharmaceutical company for fixing prices, allocating customers a bid-rigging in the ongoing investigation into the generic pharmaceutical industry (Taro Pharmaceuticals)
US Department of Justice - Antitrust Division (Washington)
Sixth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Fifth Company to Admit It Fixed Prices of Generic Drugs Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the (...)

The Israel Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive) New
Israel Competition Authority (Jerusalem)
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The Italian Competition Authority launches an investigation on two giant tech companies for implementing a competition-restricting agreement (Apple / Amazon)
Italian Competition Authority (Rome)
ICA: investigation launched against Apple and Amazon for banning the sale of Apple- and Beats-branded products to retailers who do not join the official programme* Italian Competition Authority launched an investigation pursuant to Article 101 TFUE against the companies in the Apple Inc. and (...)

The Mexican Competition Authority investigates on services for maritime passenger transportation (State of Quintana Roo)
Mexican Competition Authority (Mexico City)
COFECE investigates competition conditions in the services for maritime passenger transportation in routes with origin and/or destination in the northern zone of the state of Quintana Roo* On July 13, 2020, the Investigative Authority agreed that in the said market it is necessary to determine (...)

The Dutch Competition Authority fines roofing contractors for bid-rigging (Schadenberg / Van Venrooy)
Netherlands Authority for Consumers & Markets (The Hague)
Roofing contractors fined for distortion of competition in tender process* The Netherlands Authority for Consumers and Markets (ACM) has fined two roofing contractors for distorting competition in a tender process. An Amsterdam-based firm wanted to get the best price for a roof renovation (...)

The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
French Competition Authority (Paris)
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector* The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price increases for (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cables cartel case (Nexans) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By way of (...)

The Portuguese Competition Authority issues statement of objections to 4 telecom undertakings for cartel agreement to limit competition in online advertising (MEO / NOS / NOWO / Vodafone)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to MEO, NOS, NOWO and Vodafone for cartel to limit competition in online advertising* The AdC issued a Statement of Objections to the telecommunications operators MEO - Serviços de Comunicações e Multimédia (MEO), NOS Comunicações, SA, NOWO - Communications, SA (...)

The French Competition Authority imposes € 93 million fine on cartel in ham and cold meat sector (Charcuterie cartel) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 July 2020, the French Competition Authority (“FCA”) imposed a € 93 million fine on twelve ham and cold meats manufacturers (Cooperl Arc Atlantique, Les Mousquetaires, Fleury Michon, Coop, Savencia, Campofrio, Aubret, Sonical, La Financiere du Haut Pays, CA Animation, Nestle, Salaison du (...)

The French Competition Authority fines twelve undertakings for taking part in a double-sided cold meat cartel (Charcuterie cartel) New
Ashurst (Paris)
The French Competition Authority ("FCA") has fined twelve undertakings involved in a cartel at multiple levels of the ham and cold meats sector. On 16 July 2020, the FCA issued a decision (n°20-D-09) imposing fines to 12 undertakings which were party to a cartel in the ham and cold meats sector (...)

The Australian Competition Authority proposes to allow supermarkets to continue cooperating on grocery supply during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to allow supermarkets to continue cooperating on grocery supply* Supermarket operators will be able to continue working together until March 2021 to ensure the continued supply of food and groceries during the COVID-19 pandemic, under the ACCC’s draft determination. “The ACCC (...)

The German Competition Authority allows cooperation between competing breweries in the production of Kölsch type of beer specific to the local market in Cologne due to resulting efficiency gains in production (Radeberger / Früh)
German Competition Authority (Bonn)
No objections to cooperation between Radeberger and Früh for the production of Kölsch* The Bundeskartellamt has today announced that a cooperation between the Radeberger Group KG (“Radeberger“) and Cölner Hofbräu P. Josef Früh KG (“Früh”) for the production of Kölsch can been deemed to fulfil the legal (...)

The Lithuanian Competition Authority fines national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement (Orbia / Clariant / Calanese / Westlake) New
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...)

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake) New
Ashurst (Brussels)
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Ashurst (London)
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Ashurst (London)
Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
DG COMP (Brussels)
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

The US DoJ applauds the International Competition Network’s new international leniency guidelines
US Department of Justice - Antitrust Division (Washington)
Antitrust Division Applauds New International Leniency Guidelines* New guidelines will increase effectiveness of international cartel enforcement through better cooperation The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency (...)

The Australian Competition Authority allows public and private competing hospitals to continue cooperating in response to the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Private and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...)

The UK Competition Authority fines 3 pharmaceutical companies for taking part in an illegal arrangement in relation to the supply of life-saving medicine (Aspen / Tiofarma / Amilco)
United Kingdom’s Competition Authority - CMA (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3M for anti-competitive agreement in the supply of life-saving drug fludrocortisone and secures £8M in damages for the National Health Service (Aspen / Tiofarma / Amilco)
United Kingdom’s Competition Authority - CMA (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The German Competition Authority assists a national hospital institute in ensuring a competitive procurement process for licensing a new algorithm for invoicing hospital services (Institut für das Entgeltsystem im Krankenhaus - InEK)
German Competition Authority (Bonn)
Bundeskartellamt safeguards innovation with regard to software for the classification and invoicing of hospital services* The Bundeskartellamt successfully assisted the Institute for the Hospital Remuneration System (Institut für das Entgeltsystem im Krankenhaus, InEK) in ensuring that its (...)

The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)
European Court of Justice (Luxembourg)
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

The German Lower Regional Court of Dortmund hands down a judgement regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel) New
Ashurst (Frankfurt)
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Ashurst (Frankfurt)
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The Swedish Competition Authority accepts commitments from one training company to limit its use of exclusive agreements with fitness studios and closes investigations into another 2 companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition Authority (...)

The UK High Court disqualifies a company director for taking part in competition law breach in the real estate sector (Michael Christopher Martin) New
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
The first competition disqualification order to come to trial has resulted in a company director, Michael Martin, being disqualified for seven years. In its judgment of 7 July 2020, the UK High Court found that Mr Martin had contributed to Gary Berryman Estate Agents’ breach of competition law (...)

The EU Commission announces the relaxation of competition rules for wine producers due to the COVID-19 pandemic
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
EU wine producers can now benefit from a temporary relaxation in competition rules* The European wine sector has been greatly affected by the COVID-19 pandemic. According to statistics from the European Commission (EC), there has been a 30% reduction in the volume of wine sold and a 50% drop (...)

The Brazilian Competition Authority publishes general guidelines for competitor collaborations allowed during the COVID-19 crisis Free
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
On July 6th , the Brazilian Antitrust Authority (CADE) published the so-called “Provisional Informative Note” to guide the economic agents on the collaboration between companies to fight the Covid-19 crisis. The document (available here), awaited by the antitrust community, sets out general (...)

The Mexican Competition Authority alongside 4 other national regulators proposes a new law on public procurement to promote better public expenditure and revive the national economy
Mexican Competition Authority (Mexico City)
New Law on Public Procurement is Proposed to Promote Better Public Expenditure and to Revivify the Mexican Economy* Civil society organizations and public institutions specialized on public procurement join efforts to propose a General Law on Procurement that leads to full and timely public (...)

The Portuguese Competition Authority issues statements of objections to 6 large supermarket chains and 2 drink suppliers for price fixing (Modelo Continente / Pingo Doce / Auchan / Sumol+Compal / Sogrape / Lidl / Intermarché / E-Leclerc)
Portuguese Competition Authority (Lisbon)
New case in the retail sector: AdC issues Statements of Objections to six supermarket chains and two drink suppliers for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued Statements of Objections to 6 large food retail chain groups and 2 suppliers, one of (...)

The Swedish Competition Authority fines 2 interior design companies with over SEK 500,000 for coordinating sales prices of furniture (Artilleriet Interiors / Royal Design Group)
Swedish Competition Authority (Stockholm)
Two companies consensually agree to pay administrative fines for engaging in unlawful cooperation* Two companies engaged in the sale of interior design, furniture, and home furnishing have consented to pay a fine order from the Swedish Competition Authority. The companies coordinated some of (...)

The US DoJ charges Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice - Antitrust Division (Washington)
Louisiana Company Charged With Conspiracy To Defraud The Government And Violate The Procurement Integrity Act* United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & (...)

The Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren) New
Belgian Competition Authority (Brussels)
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian premium (...)

The UK Competition Authority fines £1.2 billion healthcare providers and consultants for price fixing (Spire Healthcare) New
Ashurst (London)
,
Ashurst (London)
,
Ashurst (London)
Spire Healthcare, a private healthcare provider, and six consultant ophthalmologists have been fined for their roles in facilitating and arranging to fix the price of initial consultations between different consultants at a Spire hospital in the north of England. Whilst individual consultants (...)

The UK Competition Authority imposes a £1.2m fine for price fixing in private eyecare (Spire)
United Kingdom’s Competition Authority - CMA (London)
CMA imposes £1.2m in fines for price-fixing in private eyecare* The CMA has found that a private hospital group and 7 consultant ophthalmologists broke competition law by taking part in illegal price fixing. Following an investigation by the Competition and Markets Authority (CMA), Spire (...)

The Irish Competition Authority warns businesses must act independently when setting prices during the re-opening phase of COVID-19 Free
Irish Competition Authority (Dublin)
CCPC warns businesses must act independently when setting prices during reopening phase* CCPC engages with trade associations following public statements to warn against co-ordination Any new prices & charges must adhere to competition and consumer protection law Consumers are entitled to (...)

The Latvian Competition Authority finds that a state owned company’s procurement of road vehicle number plates production and supply is by default favoring one competitor in the bidding process (Road Traffic Safety Directorate)
Konkurences padome (Riga)
The CC: the car number plates procurement organised by CSDD is favourable for one company* During the market study, while investigating the procurement of road vehicle number plates production and supply, organised by state owned company “Road Traffic Safety Directorate” (CSDD), the Competition (...)

The Romanian Competition Authority releases for public consultation the new guide on vertical agreements
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debates the Guide on Vertical Agreements* The Competition Council elaborated the "Guide on vertical agreements" in order to support companies that have to assess, on a case-by-case basis, the compatibility of the vertical agreements they wish to (...)

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)
Japan Fair Trade Commission (Tokyo)
JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

The UK Competition Authority fines private hospital and consultant eye doctors £1.2 million for price-fixing (Spire Healthcare) New
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) fined the private hospital owner Spire Healthcare Limited and its parent Spire Healthcare Group Plc (together “Spire”) £1.2 million for instigating and facilitating a price-fixing cartel with seven consultant ophthalmologists based in (...)

The Indian Competition Authority approves a deal between an online platform and a telecom network provider aiming at providing local grocery stores access to e-commerce services (Facebook / JIO)
Saikrishna (New Delhi)
,
National University of Study and Research in Law (Ranchi)
Background The Indian antitrust watchdog Competition Commission of India (‘CCI’) approved the popular Facebook-JIO deal (‘the deal’) on June 25, 2020. The approval came two months after Facebook announced to invest whopping $5.7 billion in Reliance Industries Limited’s (‘RIL’) subsidiary JIO (...)

The German Competition Authority approves a sport retail company’s joint distribution platform (Intersport) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 June 2020, the German Federal Cartel Office (“FCO”) approved Intersport’s online distribution model through a joint online platform under the Intersport umbrella brand for small retailers. Intersport is the world’s largest association of medium-sized companies in the sports retail sector. Its (...)

The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg) New
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between Hugo (...)

The Italian Competition Authority opens investigation into alleged anticompetitive agreement obstructing procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Czech Competition Authority imposes fines for illegal cartel agreement in the rail freight transport market (AWT / Interfracht / Argo Logistics / Spedica)
Bird & Bird (Prague)
,
Bird & Bird (Prague)
On 22 June 2020 the Czech Office for the Protection of Competition (Office) published a press release (without publishing the full decision yet) regarding fines imposed for concluding and executing a prohibited cartel agreement regarding train projects Carpathia, Sylvania, and New Carpathia. (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Van Bael & Bellis (Brussels)
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies are in violation of competition law (Sainsbury’s / Visa / MasterCard) New
Irish Department of Justice and Equality (Dublin)
Interchange fees restrict competition: Is the UK Supreme Court giving Article 101(1) TFEU a final glance?* In a long running legal battle, some clarity has finally been provided by the Supreme Court of the United Kingdom in relation to the implications of multi-lateral interchange fees (MIFs) (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages action (Volvo / Trucks)
Bird & Bird (Madrid)
,
Bird & Bird (Madrid)
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The Italian Competition Authority approves a joint purchasing agreement of surgical masks via pharmacies and drugstores pursuant to its temporary rules on cooperation between companies during the COVID-19 pandemic New Free
Ashurst (Milan)
,
Ashurst (Brussels)
On 1 June 2020, the Italian Competition Authority ("ICA") approved a joint purchasing agreement of surgical masks via pharmacies/drugstores and a moratorium scheme on loan repayments agreed within ASSOFIN (the Italian Association of Consumer Credit and Mortgage Lending) pursuant to its (...)

The Indian Competition Appellate Tribunal gives a decisive ruling for appeals of orders of the Indian Competition Authority (Maj. Pankaj Rai) New
Gujarat National Law University (Gandhinagar)
,
Gujarat National Law University (Gandhinagar)
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The EU Commission publishes a report on the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Covington & Burling (Brussels)
,
Covington & Burling (Brussels)
On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a (...)

The UK Government’s Dairy Produce Order which relaxes the application of competition law in the dairy sector during COVID-19 pandemic has expired New Free
Morgan Lewis (London)
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Morgan Lewis (London)
,
Morgan Lewis (London)
The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic service providers during the ongoing coronavirus (COVID-19) pandemic, (...)

The US antitrust enforcers warn of continued action against collusive conduct impacting workers in US labour markets during the pandemic Free
Covington & Burling (Palo Alto)
,
Covington & Burling (Washington)
,
Covington & Burling (Washington)
The Department of Justice Antitrust Division and the Federal Trade Commission’s Bureau of Competition issued another reminder yesterday that the COVID-19 pandemic does not exempt companies from complying with federal antitrust laws. The agencies’ latest statement focuses on the labor force and (...)

The Hong Kong Competition Authority commences a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodations providers (Booking.com / Expedia / Trip.com)
Hogan Lovells (Hong Kong)
,
Hogan Lovells (Beijing)
,
Hogan Lovells (Hong Kong)
On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation period (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET decision) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

The Czech Supreme Administrative Court clarifies rules for counting limitation periods expiry in case of continuous infringements in the telecommunications sector (T-Mobile / Vodafone) New
Skils (Prague)
On 30 January 2020, the Supreme Administrative Court (SAC) granted a cassation appeal lodged by the Czech Office for Protection of Competition (Office) against the previous judgment of the Regional Court in Brno of 14 February 2018 (Ref.No. 62 Af 23/2016) relating to the proceedings conducted (...)

Unilateral Practices

The Icelandic Competition Authority fines telecom for commitment violations in the sale of English football on its linear pay-TV service (Síminn) New
Icelandic Competition Authority
The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist) New
Italian Competition Authority (Rome)
Antitrust: investigation launched against the ferry company Caronte & Tourist* The company is in a dominant position in passenger ferrying in the Strait of Messina The Autorità Garante della Concorrenza e del Mercato has launched an investigation against the company Caronte & Tourist (...)

The German Monopolies Commission calls for level competitive playing field in sports sector New
White & Case (Dusseldorf)
,
White & Case (Dusseldorf)
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body which (...)

The US FTC charges a $10 million fine to a company that illegally maintained a monopoly over the Opioid Addiction Treatment Suboxone (Indivior)
US Federal Trade Commission (FTC) (Washington)
Indivior, Inc. to Pay $10 Million to Consumers, Settling FTC Charges that the Company Illegally Maintained a Monopoly over the Opioid Addiction Treatment Suboxone* FTC alleges company used anticompetitive tactics to impede competition from lower-cost generics Indivior, Inc. has agreed to pay (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights New
Slovak Competition Authority (Bratislava)
ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights* On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position (...)

The Mexican Competition Authority investigates monopolistic practices consisting in establishing exclusivity conditions of sale or purchase in the market for production, distribution and commercialization of medical oxygen
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for production, distribution and commercialization of medical oxygen in the Mexican territory* This investigation must not be understood as a prejudgment but rather as an action of the authority to verify compliance with (...)

The UK Competition Authority fines a musical manufacturing company for resale price maintenance (Roland)
United Kingdom’s Competition Authority - CMA (London)
Roland fined £4 million for illegally preventing online price discounts* Lessons from the CMA’s investigation into Roland’s use of illegal resale price maintenance (RPM). Background When online resellers have the freedom to price items independently this leads to healthy competition – rivals (...)

The Croatian Competition Authority fines supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

The EU Court of Justice Advocate General Pitruzzella guides on the method for calculating royalties that may lead to an abuse of dominance of a Belgian collecting society (SABAM) New
Van Bael & Bellis (Brussels)
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

The EU Commission invites comments on pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen) New
Van Bael & Bellis (Brussels)
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem) Free
Nortons (Sandton)
,
Nortons (Sandton)
South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Düsseldorf)
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Bird & Bird (Düsseldorf)
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 generated (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana) New
Desogus Law Office (Cagliari)
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the granting (...)

The Japanese FTC issues a cease and desist order against airplane fuel provider for requesting its customers not to be refuelled by its competitor (Mainami Aviation Services)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued a Cease and Desist Order against Mainami Aviation Services Co., Ltd* Today, the Japan Fair Trade Commission (JFTC) issued a cease and desist order against Mainami Aviation Services Co., Ltd (Hereinafter “Mainami Aviation Services”). In this case, Mainami Aviation Services has (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Haier / Sisvel) New
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)
McDermott Will & Emery (Düsseldorf)
,
McDermott Will & Emery (Düsseldorf)
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgements in the telecommunications sector (Uno Communications / Telecom Italia / Vodafone Italia)
Rucellai & Raffaelli (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products to consumers during the COVID-19 pandemic Free
Bird & Bird (London)
,
Bird & Bird (London)
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand sanitiser (...)

The UK Competition Authority announces that it has been monitoring reports of changes to sales and pricing practices during the COVID-19 outbreak and will assess whether it should advise Government to consider taking direct action to regulate prices Free
United Kingdom’s Competition Authority - CMA (London)
COVID-19: sales and pricing practices during Coronavirus outbreak* The CMA has been monitoring reports of changes to sales and pricing practices during the coronavirus outbreak. The Competition and Markets Authority (CMA) wants to ensure that traders do not exploit the current situation to (...)

The EU General Court hears an appeal for abuse of dominance in online comparison shopping services (Google Shopping) New
Catholic University of Louvain
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 features (...)

Mergers

The Mexican Competition Authority fines 2 merger cases for failure to notify a concentration (Santander / USB Americas) (KKR Rainbow Aggregator / Coty) New
Mexican Competition Authority (Mexico City)
COFECE imposed fines in two cases for failure to notify a concentration: Santander and USB Americas; and KKR Rainbow Aggregator and Coty* COFECE fined diverse subsidiaries of Santander, Elavon and USB Americas a total of 2 million 172 thousand Mexican pesos because they modified the (...)

The Canadian Competition Authority conditionally clears merger of the nation’s largest distributors of pole line hardware and data communication products (WESCO International / Anixter International) New
Canadian Competition Bureau (Gatineau)
Competition Bureau safeguards competition in markets essential to the delivery of electricity and internet to Canadians* Today, the Competition Bureau registered a consent agreement with the Competition Tribunal to address its concerns related to WESCO International Inc.’s $6.1B acquisition of (...)

The Australian Competition Authority clears merger of potato growing & packing businesses in South Australia (Mitolo / Thomas Foods International) New
Australian Competition and Consumer Commission (Canberra)
Mitolo’s acquisition of Thomas Foods International’s potato business not opposed* he ACCC will not oppose Mitolo’s proposed acquisition of Thomas Foods International’s (TFI) potato business. Mitolo and the TFI potato business grow potatoes and operate packing sheds in South Australia, and overlap (...)

The UK Competition Authority provisionally blocks merger between the country’s leading suppliers of retail investment platform solutions (FNZ / GBST) New
United Kingdom’s Competition Authority - CMA (London)
Competition concerns in retail investment software merger* Following an in-depth investigation, the CMA has provisionally blocked the merger of FNZ and GBST. FNZ purchased GBST in November 2019. Both companies have a significant presence in the UK. They are 2 of the leading suppliers of (...)

The US DoJ sues to block merger between hospital system and independent community hospital in central Pennsylvania (Geisinger Health / Evangelical Community Hospital) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Sues To Block Geisinger Health’s Transaction With Evangelical Community Hospital* Transaction Reduces Hospital Competition in Central Pennsylvania The U.S. Department of Justice sued today to block Geisinger Health’s partial acquisition of its close rival, Evangelical (...)

The German Competition Authority clears merger of hospitals in Flensburg (St. Franziskus-Hospital / Diakonissenkrankenhaus) New
German Competition Authority (Bonn)
Bundeskartellamt clears merger of hospitals in Flensburg* The Bundeskartellamt has cleared the planned concentration of St. Franziskus-Hospital operated by the Malteser group in Flensburg and the somatic division of Diakonissenkrankenhaus, Flensburg, under joint management. Both facilities are (...)

The EU Commission opens in-depth investigation into the proposed acquisition of wearable tech devices by a Big Tech company (Fitbit / Google) New
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The Japanese FTC clears managerial integration of 2 internet companies subject to conditions (Z Holdings / LINE) New
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the proposed managerial integration of Z Holdings Corporation and LINE Corporation* Receiving notifications regarding the proposed managerial integration between Z Holdings Corporation (JCN4010401039979) (hereinafter referred to as “ZHD”; a group of combined companies held by (...)

The UK Competition Authority clears a Big Tech company’s 16% investment in online food delivery company (Amazon / Deliveroo) New
United Kingdom’s Competition Authority - CMA (London)
CMA clears Amazon’s 16% investment in Deliveroo* Following an in-depth investigation, the CMA has today cleared Amazon’s 16% investment in Deliveroo after finding that it will not substantially lessen competition. The Competition and Markets Authority (CMA) completed an initial ‘Phase 1’ (...)

The Romanian Competition Authority opens investigation into the takeover of certain assets and shares between 2 competitors in the market for automotive components (Schlemmer Group / Delfingen Industry) New
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.a* The Competition Council analyses the transaction by which Delfingen Industry S.A. intends to take over some assets and shares of Schlemmer Group. Delfingen Industry S.A., based in (...)

The EU Commission clears merger of global rail transportation companies subject to conditions (Alstom / Bombardier) New
DG COMP (Brussels)
Mergers: Commission clears Alstom’s acquisition of Bombardier, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Bombardier Transportation by Alstom. The approval is conditional on full compliance with a commitments package offered (...)

The US DoJ clears merger of major financial trading platform and major financial data provider (London Stock Exchange Group / Refinitiv) New
US Department of Justice - Antitrust Division (Washington)
Statement of the Department of Justice Antitrust Division on the Closing of Its Investigation of London Stock Exchange Group and Refinitiv* Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice issued the following statement today in connection (...)

The Polish Competition Authority fines a gas industry company for refusal to provide the information requested during merger investigation (Gazprom / Nord Stream 2) New
Taylor Wessing (Warsaw)
,
University of Warsaw
By the decision of 29 July 2020 (No. DKK-141/2020) the Polish Competition Authority (“PCA”) imposed a fine of PLN 223,925,000 (EUR 50 million) on PJSC “Gazprom” for failing to comply with the request for information circulated in the course of merger control proceedings. This is the highest fine (...)

The German Competition Authority clears a joint venture between two German newspapers in the printed advertisement sector but examines the cooperation between these two firms (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)
German Competition Authority (Bonn)
Joint marketing of advertising space - Süddeutsche Zeitung and Frankfurter Allgemeine Zeitung can establish a joint venture, but the examination of the cooperation under antitrust law is still ongoing* After examining the project under merger control law the Bundeskartellamt has cleared the (...)

The Cypriot Competition Authority receives a notification of concentration in the dairy sector (DeLaval / Avon Rubber) New
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition by DeLaval Holding BV of the share capital of subsidiaries of Avon Rubber p.l.c., which constitute its dairy business* The Service of the Commission for the Protection of Competition has received a notification of a concentration by (...)

The New Zealand Competition Authority receives a merger clearance application for egg production and wholesale supply operations (Heyden Farms / Henergy Cage-Free / Rasmusens Poultry Farms) New
New Zealand Commerce Commission
Heyden Farms, Henergy Cage-Free, Rasmusens Poultry Farms seek clearance to merge egg production operations* The Commerce Commission has received a clearance application from Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited seeking clearance to merge their (...)

The New Zealand Competition Authority opens investigation into the merger of two refrigeration equipments distributors (Beijer / Heatcraft New Zealand)
New Zealand Commerce Commission
Investigation opened into Beijer’s acquisition of Heatcraft NZ and acquisition of rights to apply for HFC import permits* The Commerce Commission has opened an investigation into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition (via its subsidiary (...)

The Romanian Competition Authority authorizes the set up of a joint-venture in the agricultural sector (Al Dahra Agriculture / OCP) New
Romanian Competition Council (Bucharest)
The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP s.a. Morocco* The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP S.A., Morocco. (...)

The French Competition Authority clears, subject to conditions, the merger of two companies in the chemical pathology sector (Dyomedea-Neolab / Biogroup)
French Competition Authority (Paris)
Chemical pathology laboratories: the Autorité clears, subject to conditions, the take-over of Dyomedea-Neolab Group by Biogroup Group* Parties to the transaction Biogroup Group is active in the chemical pathology sector, with laboratories located at over 550 sites across the country. (...)

The French Competition Authority clears an acquisition in the alcohol-free soft drink production and bottling markets (Refresh / Fruité company)
French Competition Authority (Paris)
The Autorité de la concurrence clears the sole control acquisition of the assets of the Fruité company and its subsidiaries Unisource and Bric Fruit by Refresco (Saint Alban and Sun)* On 10 June 2020, Refresco France notified the Autorité de la concurrence of its plan to acquire sole control of (...)

The French Competition Authority publishes its revised guidelines regarding merger control
French Competition Authority (Paris)
The Autorité de la concurrence publishes its new guidelines regarding merger control* Since autumn 2017, the Autorité has been deeply involved in the modernisation and simplification of merger control. On 20 April 2019, a decree simplifying the procedure for notifying a merger to the Autorité (...)

The Irish Competition Authority carries out a phase 2 investigation in the merger of two IT service management companies (Link / Pepper)
Irish Competition Authority (Dublin)
CCPC to carry out a phase 2 investigation of Link Group/Pepper merger* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full (Phase 2) investigation into the proposed acquisition by Link Group Administration Limited (“Link”) of sole control of Pepper Ireland (...)

The Israel Competition Authority approves under remedies the merger of two building material companies (Çimsa / Cemex)
Israel Competition Authority (Jerusalem)
The Competition Commissioner has Approved under Remedies the International Merger between Çimsa and Cemex, for the Acquisition of a White Cement Factory in Spain* Under the remedies, Cemex’s operations in Israel will not be sold to Çimsa, and Cemex will be required to start selling white cement (...)

The UK Government lowers the notification thresholds of merger control and issues guidance on these changes
Ashurst (London)
,
Ashurst (London)
,
Ashurst (London)
Lower notification thresholds under UK merger control for certain additional sectors impacting national security entered into force on 21 July. The lower thresholds now cover transactions related to the development, production, supply or research of: artificial intelligence (new) cryptographic (...)

The UK Government lowers the notification thresholds of merger control relevant to the UK national security and issues new powers of investigations New
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning (...)

The Mexican Competition Authority imposes fine for failure to notify a concentration in the energy sector and authorises the transaction (BAS Corporation / ESZ KI / ESZ KII / EXI Solar)
Mexican Competition Authority (Mexico City)
COFECE sanctions BAS Projects Corporation, ESZ KI, ESZ KII, and EXI Solar for failing to notify a concentration and authorizes the transaction* Imposes fines totaling to 977 thousand Mexican pesos. Authorizes the concentration considering that the operation does not pose risks to the process (...)

The French Competition Authority clears merger in the medical biology sector, subject to conditions (Laborizon / Biogroup)
French Competition Authority (Paris)
Medical biology laboratories: the Autorité clears, subject to certain conditions, the acquisition of the Laborizon group by the Biogroup group* Parties to the transaction Biogroup is active in the medical biology sector, with laboratories distributed over more than 550 sites, throughout the (...)

The Spanish Competition Authority agrees to extend for 3 years the remedies agreed as part of the pay-TV merger authorisation in 2015 (Telefónica / DTS)
Spanish Competition Authority (Madrid)
The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The Austrian Competition Authority publishes position paper on the macroeconomic effects of "shutdown mergers" in the context of the COVID-19 crisis New Free
Austrian Competition Authority (Vienna)
AFCA publishes position paper on the Macroeconomic Effects of Mergers in the Context of the COVID-19 Crisis - "Shutdown Mergers"* The position paper aims to facilitate notifications of Shutdown Mergers. The COVID-19 pandemic and the restrictions put in place to deal with it have triggered a (...)

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The EU Commission clears an oil and gas merger after a phase II investigation (PKN Orlen / Lotos) New
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commis‐ sion”) conditionally approved PKN Orlen’s acquisition of rival Grupa Lotos (“Lotos”) after a Phase II investigation. The parties are large Polish oil and gas companies active in Poland and in a number of other Central European, East‐ ern European (...)

The EU Commission clears merger of Polish integrated oil & gas companies active in many Central & Eastern European and Baltic countries, subject to conditions (Lotos / PKN Orlen)
DG COMP (Brussels)
Mergers: Commission clears Lotos’ acquisition by PKN Orlen, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Grupa Lotos by PKN Orlen. The approval is conditional on full compliance with a commitments package offered by PKN Orlen. (...)

The Canadian Competition Authority clears merger in animal healthcare, subject to structural conditions (Elanco / Bayer Animal Health) New
Canadian Competition Bureau (Gatineau)
Competition Bureau resolves concerns related to Elanco’s acquisition of Bayer Animal Health* The Competition Bureau announced today that it has entered into a consent agreement with Elanco Animal Health Incorporated (Elanco) to address concerns related to the company’s proposed acquisition of (...)

The Dutch Competition Authority opens investigation into merger of tour operators (Corendon / Sunweb)
Netherlands Authority for Consumers & Markets (The Hague)
Acquisition of Corendon by Sunweb requires further investigation* A further investigation is needed into the effects that the acquisition of Dutch tour operator Corendon by rival operator Sunweb will have on competition. Sunweb therefore cannot yet acquire Corendon. That is what the (...)

The French Competition Authority clears without conditions the acquisition of sole control in producer of metal parts for luxury companies by major luxury group (J3L / Hermès Group)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of sole control of J3L by the Hermès group* The Hermès group notified the Autorité de la concurrence of its plan to acquire sole control of the J3L company. After examining the effects of the transaction, the Autorité has cleared it without (...)

The German Competition Authority clears the merger of transport companies providing transport of goods by inland waterway vessel with no conditions because the market is characterised by overcapacities (Rhenus / Deutsche Binnenreederei)
German Competition Authority (Bonn)
Rhenus can take over Deutsche Binnenreederei* The Bundeskartellamt has cleared the planned acquisition of Deutsche Binnenreederei AG, Berlin, by Rhenus SE & Co. KG, Holzwickede. The main business of Deutsche Binnenreederei is the transport of goods by inland waterway vessel, especially on (...)

The German Competition Authority opens in-depth investigation of merger between major food retailers (Kaufland / Real)
German Competition Authority (Bonn)
Second phase review initiated with regard to Kaufland’s acquisition of Real stores* The Bundeskartellamt has today initiated an in-depth examination (also referred to as a second phase review) in the context of Kaufland GmbH & Co. KG’s (Kaufland) planned acquisition of up to 101 Real stores (...)

The Australian Competition Authority clears animal health business merger subject to divestments (Bayer / Elanco)
Australian Competition and Consumer Commission (Canberra)
Elanco’s acquisition of Bayer’s animal health business not opposed* The ACCC will not oppose Elanco’s acquisition of Bayer AG’s animal health business, after Elanco provided a court-enforceable undertaking to divest four animal parasite treatment brands. The ACCC had concerns about the effect of (...)

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)
Irish Competition Authority (Dublin)
Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

The German Competition Authority clears merger of online dating platforms within the merger of their holding companies (Parship / Elite Partner / Lovoo)
German Competition Authority (Bonn)
Parship and Elite Partner can acquire Lovoo* The Bundeskartellamt has cleared the planned acquisition of The Meet Group Inc., USA, by the ProSiebenSat.1 group. Since 2016 the portfolio of the ProSieben Sat.1 group has included the online dating platforms Parship and Elite Partner. The Meet (...)

The EU Commission unconditionally clears a merger between global suppliers of optical sensors and optical semiconductors (AMS / OSRAM)
DG COMP (Brussels)
Mergers: Commission clears AMS’ acquisition of OSRAM* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of OSRAM by AMS. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area (...)

The US FTC fines retail fuel station operator and its affiliate for failing to divest 10 retail gas stations as required by earlier order (Alimentation Couche-Tard / CrossAmerica Partners)
US Federal Trade Commission (FTC) (Washington)
Alimentation Couche-Tard Inc. and CrossAmerica Partners LP Agree to Pay $3.5 Million Civil Penalty to Settle FTC Allegations that they Violated 2018 Order* Retail fuel station and convenience store operator Alimentation Couche-Tard Inc. (“ACT”) and its former affiliate, CrossAmerica Partners LP (...)

The US FTC imposes a $3.5 million civil penalty from a retail fuel station operator and its affiliate for violation of a settlement agreement requiring the divesture of 10 retail gas stations (Alimentation Couche-Tard / CrossAmeria)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government, which required the divestment of 10 gas stations within 120 days from (...)

The French Competition Authority clarifies that deploying one company’s retail spaces within another company’s stores does not constitute a merger (Fnac-Darty / Carrefour)
French Competition Authority (Paris)
The project to deploy Darty spaces within Carrefour hypermarkets does not constitute a merger and therefore does not have to be submitted to mandatory clearance by the Autorité de la concurrence* On 22 May 2020, Fnac-Darty notified the Autorité de la concurrence of its plan to deploy sales (...)

The US DoJ congratulates newly merged telecom operator on closing the agreed divestiture with satellite TV company (T-Mobile / Dish / Boost)
US Department of Justice - Antitrust Division (Washington)
Justice Department Congratulates T-Mobile And Dish For Closing The Boost Divestiture* T-Mobile US Inc. (T-Mobile) and Dish Network Corporation (Dish) announced today that they closed T-Mobile’s divestiture of Boost Network (Boost) to Dish. Boost was legacy Sprint Corporation’s prepaid wireless (...)

The US DoJ and FTC issue a revised version of the vertical merger guidelines
Dechert (Washington)
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Dechert (Washington)
,
Dechert (Washington)
5 Key Takeaways 1. The guidelines explain and clarify current agency practices and do not signify a policy shift at the agencies. 2. The guidelines recognize that vertical mergers often generate consumer benefits, creating a promising path for companies to secure antitrust clearance. 3. (...)

The US DoJ and FTC issue updated vertical merger guidelines
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
Following their January publication of Draft Vertical Merger Guidelines (draft guidelines) for public comment, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the agencies) issued final Vertical Merger Guidelines (Guidelines) on June 30, 2020. This marks (...)

The Hungarian Competition Authority facilitates investments in start-ups after authorizing non-compete clauses in the sale contract (CodeCool) New
Van Bael & Bellis (Brussels)
On 29 June 2020, the Hungarian Competition Authority (“GVH”) published a decision in which it accepted undertakings from a group of companies and private individuals that amended non-compete clauses in the context of an acquisition of a controlling stake in CodeCool, a Hungarian start-up company (...)

The Australian Competition Authority releases its statement of issues by expressing preliminary concerns over a proposed acquisition that would entrench an online platform’s dominant position in the supply of data-dependent health services and ad tech services (Google / Fitbit)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues in relation to Google LLC’s proposed acquisition of Fitbit, expressing its concerns that the acquisition may further entrench Google’s dominant position in the supply of data-dependent (...)

The Rotterdam District Court annuls a ministerial merger licence for the acquisition of rival post operators granted on general interest grounds outweighing the expected restrictive effects on competition (Sandd / PostNL)
Bird & Bird (Amsterdam)
On 11 June 2020, the District Court of Rotterdam (‘District Court’) annulled the decision of the Minister of Economic Affairs & Climate (‘Minister’) to grant a licence for the acquisition of rival post operator Sandd by PostNL. This was the first time since the introduction of the Dutch (...)

The Maltese Competition Authority clears joint venture in supermarket operations following an in-depth investigation (Retail Marketing / Co-op Trading Company / Polrem / Valyou...) New
Malta Competition and Consumer Affairs Authority (Ħamrun)
Full-function Joint Venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., Belleview Supermarkets Co. Ltd. and Valyou Supermarket Limited (Phase 2 (...)

The Danish Competition Authority conditionally clears an acquisition in the natural gas sector subject to the divestment of 107,000 consumers (SEAS-NVE / Ørsted)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 28 May 2020, the Danish Competition and Consumer Authority (DCCA) received a complete notification of SEAS-NVE A/S’ (SEAS-NVE) acquisition of control of several subsidiaries of Ørsted A/S. Based on an overall assessment, the DCCA assessed that the merger would give rise to unilateral effects (...)

The UK Competition Authority publishes its guidance on merger assessments during COVID-19 pandemic New Free
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to accept (...)

The EU Court of Justice upholds the EU Commission’s fines to a fish farmer and processor company for infringing merger control rules (Marine Harvest)
Hogan Lovells (London)
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Hogan Lovells (London)
Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both failing to notify a merger and for ’jumping the gun’ in implementing the (...)

The UK Government adopts the Furman report to reshape the UK competition policy New
International Center for Law & Economics (Portland)
The Furman Report is a Flimsy Basis for a New UK Competition Policy* Earlier this year the UK government announced it was adopting the main recommendations of the Furman Report into competition in digital markets and setting up a “Digital Markets Taskforce” to oversee those recommendations being (...)

State Aid

The EU Commission approves €30 million Estonian measure to support the state-owned aviation company in the context of the COVID-19 outbreak (Nordica) New Free
DG COMP (Brussels)
State aid: Commission approves €30 million Estonian measure to support Nordica in the context of the coronavirus outbreak* The European Commission has approved a €30 million Estonian measure to provide a share capital increase and a subsidised interest loan to the state-owned aviation company (...)

The EU Commission opens in-depth investigation into public support for expansion of a chemical company’s electric vehicles battery plant in Poland (LG Chem) New
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public support for expansion of LG Chem’s electric vehicles battery plant in Poland* The European Commission has opened an in-depth investigation to assess whether €95 million of public support granted by Poland to chemical company LG Chem (...)

The EU Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to COVID-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €6 billion German scheme to compensate companies providing regional and local (...)

The EU Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the COVID-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the coronavirus outbreak* The European Commission has approved a €665 million Austrian scheme to support non-profit organisations (NPOs) and their related (...)

The EU Commission approves €200 million voucher scheme to support access to broadband services by low-income families in Italy New
DG COMP (Brussels)
State aid: Commission approves €200 million voucher scheme to support access to broadband services by low-income families in Italy* The European Commission has approved under EU State aid rules a €200 million voucher scheme to help low-income families in Italy access high-speed broadband (...)

The EU Commission approves €840 million German guarantee scheme to protect consumers and support the travel industry in the context of the COVID-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €840 million German guarantee scheme to protect consumers and support the travel industry in the context of the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a German State guarantee scheme worth €840 million to cover (...)

The EU Commission approves €6 billion Italian schemes to support SMEs affected by COVID-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €6 billion Italian schemes to support SMEs affected by coronavirus outbreak* The European Commission has approved three Italian schemes, with an overall budget of €6 billion, mainly consisting of incentives to the recapitalisation by private investors of small and (...)

The EFTA Surveillance Authority approves Norwegian aid to the national airport operator due to the COVID-19 pandemic (TORP Sandefjord Airport) New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves Norwegian aid to TORP Sandefjord Airport* The EFTA Surveillance Authority (ESA) has approved aid to the operator of TORP Sandefjord Airport in Norway to cover some of the losses caused by the COVID-19 containment measures. The aviation sector in Norway, both (...)

The EU Commission approves €10 billion Spanish fund to provide debt and capital support to companies affected by the COVID-19 outbreak New Free
DG COMP (Brussels)
State aid: Commission approves €10 billion Spanish fund to provide debt and capital support to companies affected by the coronavirus outbreak* The European Commission has approved Spanish plans to set up a fund (Solvency Support Fund) with a budget of €10 billion that will invest through debt (...)

The EFTA Surveillance Authority approves prolongation of Norway’s financing for the flagship carbon capture testing facility (Technology Centre Mongstad) New
EFTA Surveillance Authority (Brussels)
State Aid: ESA approves financing prolongation for Mongstad CCS Project* The EFTA Surveillance Authority (ESA) has today approved a prolongation of Norway’s financing for the flagship carbon capture testing facility established in Mongstad (the TCM). The TCM will receive financing for a further (...)

The EFTA Surveillance Authority approves Norwegian aid to national airport due to the COVID-19 pandemic (Haugesund Airport) New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves Norwegian aid to Haugesund Airport* The EFTA Surveillance Authority (ESA) has approved aid to Haugesund Airport, Karmøy (HAU) in Norway to cover losses caused by the COVID-19 containment measures. The aviation sector in Norway, both domestic and international, (...)

The EU Commission approves a €866 million Czech scheme to support businesses affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves € 866 million Czech scheme to support businesses affected by coronavirus outbreak* The European Commission has approved a CZK 22.9 billion (approximately € 866 million) Czech wage subsidy scheme providing support to enterprises affected by the coronavirus outbreak. (...)

The EU Commission launches a public consultation inviting comments on the revised EU guidelines on regional State aid
DG COMP (Brussels)
State aid: Commission invites stakeholders to provide comments on revised Regional Aid Guidelines* The European Commission has launched today a public consultation inviting all interested parties to comment on draft revised EU guidelines on regional State aid (the “Regional Aid Guidelines”). (...)

The EU Commission approves a €2.6 billion Polish scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €2.6 billion Polish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a €2.6 billion (PLN 11.5 billion) Polish scheme to support companies affected by the coronavirus outbreak. The scheme was approved under the State (...)

The EFTA Surveillance Authority approves temporary Norwegian rules on asset depreciation due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves temporary Norwegian rules on asset depreciation* The EFTA Surveillance Authority (ESA) has today approved a measure by the Norwegian government to stimulate liquidity for businesses by allowing an increased initial depreciation rate for investments in assets (...)

The EFTA Surveillance Authority approves compensation scheme for bus and passenger boat services in Norway due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves compensation scheme for bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has approved a scheme that will compensate undertakings offering commercial, year round, long-distance bus and boat services for losses incurred on (...)

The EFTA Surveillance Authority greenlights amendments and prolongation of Norwegian schemes compensating losses for sport, voluntary and cultural events due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA greenlights amendments and prolongation of schemes compensating losses for sport, voluntary and cultural events* The EFTA Surveillance Authority (ESA) has approved amendments and prolongation of two schemes for organisers in the culture, sports and voluntary sector in (...)

The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested Decision found (...)

The EU General Court strikes down the Commission’s decision ordering Ireland to recover €13 billion from a big tech company for illegal State aid (Apple)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
On July 15, 2020, the European Union’s second- highest court, the General Court (the “Court”), annulled the 2016 decision of the European Commission (the “Commission”) ordering Ireland to recover €13 billion (€14.3 billion with interest) in back-taxes from Apple which the Commission considered to be (...)

The EU General Court annuls the Commission’s decision regarding the Irish tax rulings in favour of a Big Tech firm (Apple)
European Court of Justice (Luxembourg)
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple* The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage (...)

The EU General Court quashes a €13 billion tax ruling fine on a multinational technology company (Apple) New
Ashurst (Brussels)
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Ashurst (Brussels)
€13 billion Apple tax recovery decision quashed On 15 July 2020, the EU General Court ("GC") handed down its much awaited judgment in the Apple case. It overturned the European Commission’s ("Commission") decision ordering Ireland to recover EUR 13 billion (plus interests) in illegal State aid (...)

The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)
University of Oxford
Apple: One Case to Rule Them All* Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)

The EU Commission recommends that Members States not grant financial support, including State aid, to companies with links to tax havens, especially in the context of the COVID-19 outbreak Free
DG COMP (Brussels)
State Aid: Commission recommends not granting financial support to companies with links to tax havens* The European Commission has today recommended that Member States do not grant financial support to companies with links to countries that are on the EU’s list of non-cooperative tax (...)

The EU Commission recommends Member States to not grant financial support to companies with links to tax havens New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commission”) issued a Recommendation to Member States not to grant financial support to companies with links to countries that are on the EU’s list of non-cooperative tax jurisdictions. According to the Recommendation, restrictions should also apply (...)

The EU Commission approves Dutch plans to provide €3.4 billion in urgent liquidity support to national airline due to the COVID-19 outbreak (KLM) Free
DG COMP (Brussels)
State aid: Commission approves Dutch plans to provide €3.4 billion in urgent liquidity support to KLM* The European Commission has approved, under EU State aid rules, a €3.4 billion Dutch aid measure consisting of a State guarantee on loans and a subordinated State loan to KLM to provide urgent (...)

The EFTA Surveillance Authority approves amended Norwegian guarantee scheme for airlines due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves amended Norwegian guarantee scheme for airlines* The EFTA Surveillance Authority (ESA) has approved a renewal and amendments of the scheme that will make it feasible for more airline operators to access guarantees to help them through the current crisis. The (...)

The EFTA Surveillance Authority approves grant scheme for the private media sector in Iceland due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves grant scheme for the private media sector in Iceland* The EFTA Surveillance Authority (ESA) has approved a scheme that will offer direct grants to private media entities in Iceland to support the media sector in the ongoing pandemic. Since the outbreak of the (...)

The EFTA Surveillance Authority approves amendments to Norway’s seafarer tax refund scheme due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves amendments to Norway’s seafarer tax refund scheme* The EFTA Surveillance Authority (ESA) has greenlighted amendments to a Norwegian aid scheme granting tax and social security contribution refunds to shipping companies in Norway. The amendments lift refund (...)

The EU Commission approves €6.2 billion Italian grants scheme to support small businesses and self-employed affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €6.2 billion Italian grants scheme to support small businesses and self-employed affected by coronavirus outbreak* The European Commission has approved a €6.2 billion Italian scheme to support small businesses and self-employed affected by the coronavirus outbreak. (...)

The EU Commission approves German fund to enable up to €500 billion of liquidity and capital support to enterprises affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves German fund to enable up to €500 billion of liquidity and capital support to enterprises affected by the coronavirus outbreak* The European Commission has approved German plans to set up a fund with a budget of up to €500 billion for providing guarantees and (...)

The EU Commission approves €150 million Austrian subordinated loan to compensate national airline company for damages suffered due to COVID-19 outbreak (Austrian Airlines) Free
DG COMP (Brussels)
State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG to be (...)

The EU Commission approves Latvian fund to enable €100 million of liquidity and capital support to large enterprises affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Latvian fund to enable €100 million of liquidity and capital support to large enterprises affected by the coronavirus outbreak* The European Commission has approved Latvian plans to set up a fund with a current target size of €100 million that will invest through (...)

The EFTA Surveillance Authority approves compensation scheme for the media sector in Norway due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves compensation scheme for the media sector in Norway* ESA has approved a scheme that will compensate undertakings in the Norwegian media sector for losses in turnover caused by the COVID-19 outbreak. In the context of the COVID-19 pandemic, the Norwegian economy (...)

The EFTA Surveillance Authority approves Norwegian support to tourism sector due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves Norwegian support to tourism sector* Businesses in the tourism sector that have suffered significant losses due to the COVID-19 pandemic can now receive up to EUR 800 000 in direct grants from the Norwegian government. The Norwegian tourism sector provides (...)

The EU Commission approves €250 million Latvian measure to recapitalise national airline company in the context of the COVID-19 outbreak (airBaltic) Free
DG COMP (Brussels)
State aid: Commission approves €250 million Latvian measure to recapitalise airBaltic* The European Commission has approved a €250 million Latvian measure to recapitalise airBaltic in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework. (...)

The EFTA Surveillance Authority greenlights Icelandic travel guarantee fund due to the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA greenlights Icelandic travel guarantee fund* The EFTA Surveillance Authority (ESA) has approved an Icelandic scheme that provides subsidised loans for package travel traders. The tourism and package travel sector in Iceland is experiencing financial difficulties due to (...)

The EU Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate the impact of COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate impact of coronavirus outbreak* The European Commission has prolonged the validity of certain State aid rules which would otherwise expire at the end of 2020. In this context, and to take the effects (...)

The EU Commission approves €46.5 million Hungarian investment aid for a chemical company’s new lithium-ion battery separator film plant (Toray)
DG COMP (Brussels)
State aid: Commission approves €46.5 million Hungarian investment aid to Toray’s lithium-ion battery separator film plant* The European Commission has found Hungary’s €46.5 million investment aid to the chemical company Toray for a new battery separator film plant in the Közép-Dunántúl (Central (...)

The EU Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate the impact of the COVID-19 outbreak New Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 2 July 2020, the European Commission (the “Commission”) announced the prolongation of several existing State aid rules which would have otherwise expired at the end of 2020, with the purpose of mitigating the impact of the coronavirus outbreak on companies. In particular: The following texts (...)

The EU Commission adopts a third amendment to the State aid temporary framework Free
Kirkland & Ellis (London)
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Kirkland & Ellis (London)
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Kirkland & Ellis (London)
The EC’s third amendment to the State aid Temporary Framework* On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State governments seeking to support their economies (...)

The EU Court of Justice narrows down the concept of “undertaking” with regard to health insurance bodies (Dôvera zdravotná poistʼovňa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Court of Justice of the European Union’s (the “Court of Justice”) judgment of 11 June 2020, Commission v. Dôvera zdravotná poistʼovňa is another brick in the case law concerning the concept of “undertaking” with regard to health insurance bodies. The background of the case is a Slovak compulsory (...)

The EU Court of Justice clarifies the conditions governing the legality of an injunction issued at the same time as a decision to open a formal State aid investigation (Hungary / Commission)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 4 June 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered an important judgment clarifying the conditions under which the European Commission (the “Commission”) can issue an injunction on the basis of Article 11 of the former State aid procedural Regulation No (...)

The EU Commission includes recapitalisation measures in the temporary framework for State aid measures to support the economy during the COVID-19 outbreak
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 8 May 2020, the European Commission (“Commission”) adopted a second amendment (the “New Amendment”) to the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak (the “Temporary Framework”) (see our previous post on the Temporary Framework here and on the (...)

The EU Advocate General Hogan releases its opinion on State aid for a new nuclear power plant in the UK (Hinkley Point C)
Lund University
Hinkley Point C – Is semi-permeable membrane protecting the internal market’s nucleus?* Who would have thought that a case from the UK would potentially shape the EU State aid policy for years to come, being decided just around the time of the UK’s exit from the EU? This situation is made all (...)

Procedures

The Polish Competition Authority clarifies its principles for fining managers found responsible for concluding restrictive agreements New
Polish Competition Authority (Warsaw)
The President of UOKiK’s principles of imposing fines on managers* Managers responsible for concluding restrictive agreements are liable to a financial fine of up to PLN 2 million. On konkurencja.uokik.gov.pl we have published explanations on the principles for determining the amount of (...)

The Polish Competition Authority clarifies procedure for individuals injured by competition law infringements to seek damages in court New
Polish Competition Authority (Warsaw)
Have you suffered a loss due to anti-competitive practices? You may claim compensation* Individuals injured by anti-competitive practices may seek redress in the courts. President of UOKiK Tomasz Chróstny reminds that it is of no relevance to the case whether the decision on legal infringement (...)

The Lithuanian Competition Authority updates rules on fines and adopts rules on cooperation with EU counterparts New
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority updates rules on immunity from fines or their reduction and adopts rules on cooperation with EU counterparts* In relation to the amendments to the Law on Competition adopted by the Seimas, today the Lithuanian competition authority Konkurencijos taryba has (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
DG COMP (Brussels)
Antitrust: Commission adopts guidance for national courts when handling disclosure of confidential information* The European Commission has adopted a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. (...)

The EU Commission adopts communication on the protection of confidential information in follow-on damages actions New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 July 2020, the European Commission (the “Commission”) adopted a communication on the protection of confidential information by national courts in follow-on damages proceedings (the “Communication”). The Damages Directive provides that national courts should have the ability to order (...)

The Paris Court of Appeal annuls dawn raids conducted by the Competition Authority to find evidence of an alleged price-fixing cartel in the domestic appliance sector (Whirlpool) New
University Paris I Panthéon-Sorbonne
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Ashurst (Paris)
On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool’s premises in 2014. On 27 and 28 May 2014, the FCA raided Whirlpool’s premises to find evidence of an alleged price-fixing cartel in the domestic (...)

The UK Competition Authority publishes a third update on its COVID-19 taskforce Free
United Kingdom’s Competition Authority - CMA (London)
The CMA has published a third update from its COVID-19 taskforce, which monitors and responds to competition and consumer problems arising from the pandemic.* As part of the taskforce’s work, it has been asking the public for information about businesses behaving unfairly, for example regarding (...)

The Japanese FTC issues a draft of amendments on the calculation of fines and reformation of the leniency system and seeks comments from the public
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On June 29, 2020, the Japan Fair Trade Commission (“JFTC”) issued a draft of amendments to relevant cabinet orders and rules (“Drafts”) in accordance with the amendments to the Anti-Monopoly Act (“AMA”) previously passed in June 2019 (“2019 AMA Amendments” or “Amendments”). The JFTC is seeking (...)

The Turkish Competition Authority introduces an up to date settlement mechanism New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered into (...)

The Spanish Competition Authority publishes guidelines on compliance programmes New
Ashurst (Madrid)
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Ashurst (Madrid)
Spanish authority publishes compliance guidance The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes (...)

The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
Van Bael & Bellis (Brussels)
In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that (...)

Regulatory

The French Competition Authority develops new map proposals for the establishment of court bailiffs and judicial auctioneers taking into account the impact of the COVID-19 pandemic Free
French Competition Authority (Paris)
The Autorité de la concurrence will develop new map proposals for the establishment of court bailiffs and judicial auctioneers* Its new recommendations will take account the short-, medium- and long-term impact of the Covid-19 pandemic on the activity of these two professions. Background In (...)

The Romanian Competition Authority recommends "relaxation" of conditions for registering the mortgage notices in the national register for movable property publicity
Romanian Competition Council (Bucharest)
The Competition Council Recommends „relaxation” of Conditions for Registering the Mortgage Notices in the National Register for Movable Property Publicity* Following a sector inquiry, the Competition Council found that certain conditions of accessing the market for mortgage registration services (...)

The UK Competition Authority releases a market study on online platforms and digital advertising New
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital advertising, (...)

The EU Commission puts into operation FDI coordination six months early, proposing cooperation on an informal and voluntary basis
Covington & Burling (London)
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Covington & Burling (Frankfurt)
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Covington & Burling (Brussels)
The European Commission has added to its call to Member States to act on foreign direct investment (“FDI”) by announcing that it is ready to support EU-level cooperation on FDI now. Spurred on by the COVID-19 crisis and the perceived vulnerability of key EU assets, the informal cooperation (...)

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