Bulletin
Latest News issue: June 2023

Foreword Turkish Antitrust: An overview of national case law New

This Special Issue aims to provide detailed insight into the contemporary approaches adopted by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”) regarding anticompetitive agreements, unilateral conduct and mergers. The approaches adopted by the Board in its recent precedent are heavily influenced by global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Further to Law No. 4054, there are several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, “significant impediment of effective competition” (“SIEC”) test for merger control, behavioural and structural remedies for anti-competitive conducts, and procedural tools including leniency, commitment and settlement mechanisms. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.

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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75516 visits
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4659 visits

General antitrust

 The Polish Competition Authority welcomes the amendments to the Competition and Consumer Protection Act New
Polish Competition Authority (Warsaw)
Poland 109 contributions 19928 visits
Competition protection - an amendment to the act has entered into force* Specification of the investigative powers of the Office, increase of the independence of the antitrust authority, the term of office of President of UOKiK, as well as new solutions concerning the leniency programme. These (...)

The Latvian Competition Authority signs a cooperation memorandum with European Competition Authorities to promote regional cooperation and enforcement (Czech Republic / Estonia / Hungary...) New
Latvian Competition Council (Riga)
Latvia 117 contributions 22717 visits
Competition Council signs the Memorandum on regional cooperation with ten Eastern European and Baltic countries* On 18 April, the Competition Council of Latvia (the CC) undertook to promote regional cooperation on competition policy and enforcement by signing a Cooperation Memorandum with ten (...)

The German Competition Authority publishes the final report on its sector inquiry into non-search online advertising which confirms the significant market position of a Big Tech company (Alphabet / Google) New Free
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Inquiry into non-search online advertising: significant market position of Alphabet/Google, insufficient transparency in programmatic advertising* Bonn, 31 May 2023: Today the Bundeskartellamt has published the final report on its sector inquiry into non-search online advertising. Andreas (...)

The Canadian Competition Authority makes three recommendations to improve competition in the cannabis industry New
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
Competition Bureau provides recommendations to improve competition in the cannabis industry* The Competition Bureau presents its submission to Health Canada and the Expert Panel in response to their legislative review of the Cannabis Act. The Bureau believes that stronger competition in the (...)

The South African Government publishes the energy user and energy supplier block exemptions regulations to allow for collaboration between energy users in response to electricity supply constraints New
Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1388 visits
The Minister of Trade, Industry and Competition (MTIC) on Wednesday 24 May 2023 published the Energy Users Block Exemption and Energy Supplier Block Exemption. The Department of Trade, Industry and Competition (DTIC) is entitled to make regulations that are required to give effect to the (...)

Anticompetitive practices

 The Mexican Competition Authority opens an investigation to determine the existence of anticompetitive agreements between distributors and/or exhibitors of films in movie theaters New
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25029 visits
Cofece investigates the existence of illegal agreements between distributors and/or exhibitors of films in movie theaters.* Mexico is one of the most important countries in the film industry and stands out in the exhibition of films globally. It is the fourth country in terms of movie theaters (...)

The Polish Competition Authority opens a preliminary investigation over the alleged imposition of superior bargaining power on farmers by 6 business in the market for potato products (Farm Frites / Frito Lay / Iglotex /Intersnack / McCain / The Lorenz Bahlsen) New
Polish Competition Authority (Warsaw)
Poland 109 contributions 19928 visits
French fries and potato chips - preliminary investigation* Do French fries and potato chips manufacturers use their contractual advantage unfairly towards farmers - potato suppliers? President of UOKiK Tomasz Chróstny has instigated the preliminary investigation regarding practices pursued by (...)

The Canadian Competition Authority publishes a guideline to criminalise wage-fixing and no-poaching agreements New
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
Competition Bureau publishes wage-fixing and no-poaching enforcement guidelines* Wage-fixing and no-poaching agreements will be illegal beginning on June 23, 2023. Today, the Competition Bureau published its wage-fixing and no-poaching enforcement guidelines. The guidelines provide (...)

The Spanish Competition Authority investigates possible anti-competitive practices in the market for professional hairdressing products New
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC investigates possible anti-competitive practices in the sector of professional hairdressing products* The alleged practices consist of imposing resale prices and other commercial conditions on the distributors in the sector. From 23 to 25 May, the CNMC carried out dawn raids at the (...)

The Croatian Competition Authority opens an infringement proceeding against a professional association of architects for price fixing (Croatian Chamber of Architects) New
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18524 visits
CCA opens infringement proceeding against Croatian Chamber of Architects* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)

The Portuguese Competition Authority issues a Statement of Objections against a health food supplier for resale price fixing (Dietmed) New
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27497 visits
AdC investigates resale price fixing of food supplements and health food products* The investigation The Competition Authority (AdC) is investigating an anti-competitive practice carried out by a health food supplier, by preventing its distributors from freely setting retail prices. The (...)

The UK Competition Authority provisionally finds that 5 banks broke competition law by exchanging information on their trading strategies on UK bonds (Citi / Deutsche Bank / HSBC / Morgan Stanley / Royal Bank of Canada)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA provisionally finds 5 banks broke competition law on UK bonds* The CMA has provisionally found these banks unlawfully exchanged sensitive information regarding UK government bonds in one-to-one online chats. The Competition and Markets Authority (CMA) has provisionally found that 5 major (...)

The Hong Kong Competition Authority commences further proceedings in the Competition Tribunal against two undertakings and one individual over an alleged cartel in the supply of air-conditioning works (ATAL Building / Johnson Controls / Mr Lee) New
Hong Kong Competition Commission (Hong Kong)
Hong Kong 47 contributions 10047 visits
Competition Commission commences second set of proceedings concerning air-conditioning works in Competition Tribunal* As foreshadowed in the filing of a set of legal proceedings on 16 June 2022 in relation to suspected cartel conduct in the supply of air-conditioning works in Hong Kong (‘First (...)

The EFTA Surveillance Authority initiates an investigation into exclusivity arrangements by the leading retailer of electronics in the Nordic region (Dixon / Elkjøp)
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26895 visits
ESA initiates investigation into possible anticompetitive conduct by Elkjøp in electronic goods* The EFTA Surveillance Authority (ESA) has initiated formal antitrust proceedings against Dixon Stores Group Retail Norway AS, Elkjøp Nordic AS and Elkjøp Norge AS (jointly referred to as Elkjøp) to (...)

The Romanian Competition Authority fines 3 butter producers €2.9M for obstructing a dawn raid which was carried out during the course of an investigation into price fixing (Albalact / Covalact / Dorna Lactate)
Romanian Competition Council (Bucharest)
Romania 138 contributions 24578 visits
COMPETITION COUNCIL FINED ALBALACT, COVALACT AND DORNA LACTATE WITH 2.9 MILLION EUROS* The Competition Council sanctioned Albalact, Covalact and Dorna Lactate, part of the French group Lactalis, with fines amounting 14.335.002,70 lei (approx. 2.9 million euros) for refusing to provide access (...)

The US FTC approves final order requiring a glass manufacturer to drop noncompete restrictions that it imposed on workers (Anchor Glass Container) New
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
FTC Approves Final Order Requiring Anchor Glass Container Corp. to Drop Noncompete Restrictions That It Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Anchor Glass Container Corp. illegally imposed noncompete (...)

The US District Court for the District of Connecticut acquits the defendants in a no-poach trial on the grounds that no reasonable jury could convict on the case presented by the government (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus) New
Cleary Gottlieb Steen & Hamilton (Washington)
Belgium 8 contributions 3162 visits
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Cleary Gottlieb Steen & Hamilton (San Francisco)
United States 2 contributions 424 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2059 visits
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On April 28, 2023, U.S. District Court Judge Victor A. Bolden entered an Order under Criminal Procedure Rule 29 acquitting the defendants in United States v. Patel, a federal criminal prosecution claiming that individuals employed by an aerospace company and its suppliers of outsourced labor (...)

The US District Court for the District of Connecticut acquits six executives of aerospace engineering companies in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2667 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1676 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 199 visits
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In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering companies alleged to have allocated a labor market by agreeing not to (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks) New
Blackstone Chambers (London)
United Kingdom 23 contributions 5730 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
United Kingdom 3 contributions 473 visits
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Hausfeld (London)
United Kingdom 2 contributions 102 visits
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Hausfeld (London)
United States 3 contributions 664 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

Unilateral Practices

 The German Competition Authority welcomes the creation of an accounts centre by a social media giant towards ensuring user data transparency and in compliance to the Authority’s prohibition order against the unilateral combination of user data (Meta) New
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Meta (Facebook) introduces new accounts center – an important step in the implementation of the Bundeskartellamt’s decision* Bonn, 7 June 2023: Meta has announced plans to introduce a new accounts center. The accounts center will allow Meta’s customers for the first time to make a largely free (...)

The Hong Kong Competition Authority opens consultation on the proposed commitments offered by two leading online food delivery companies to address concerns over their restrictive agreements with restaurants (Foodpanda / Deliveroo) New
Hong Kong Competition Commission (Hong Kong)
Hong Kong 47 contributions 10047 visits
Competition Commission consults on proposal to accept commitments offered by Foodpanda and Deliveroo* The Competition Commission (“Commission”) today commenced a consultation on the proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by two leading online food (...)

The Croatian Competition Authority opens an ex officio infringement proceeding in the business-to-business food supply chain to identify whether a buyer-retailer used its strong bargaining power and imposed unfair trading practices on its supplier (Konzum) New
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18524 visits
Implementation of the UTPs Act: CCA opens proceeding against KONZUM plus.* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)

The Romanian Competition Authority launches an investigation into a possible infringement of the competition rules by multinational video game and digital entertainment company and its subsidiaries (Sony Interactive Entertainment) New
Romanian Competition Council (Bucharest)
Romania 138 contributions 24578 visits
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited and (...)

The Japanese Competition Authority cautions an investment bank for potentially abusing its superior bargaining position by pushing startups to accept underpriced initial public offerings (Mizuho Securities) New
Japan Fair Trade Commission (Tokyo)
Japan 130 contributions 23034 visits
The JFTC Issued a Caution to Mizuho Securities Co., Ltd.* The Japan Fair Trade Commission (JFTC) today issued a caution to Mizuho Securities Co., Ltd. (Mizuho). In this case, Mizuho’s conduct may lead to violation of prohibition of the Article 19(falling under the Item 5, Paragraph 9, Article 2 (...)

The EU Commission announces plans for new Article 102 TFEU Guidelines and amends the 2008 Guidance on enforcement priorities New
Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16379 visits
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Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68871 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 2208 visits
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On 27 March 2023, the European Commission (Commission) announced its intention to adopt detailed new guidelines on the application of Article 102 TFEU to exclusionary conduct. The Commission explained that “Article 102 TFEU is one of the few areas of European competition law where no Guidelines (...)

The EU Commission clarifies effect-based enforcement of exclusionary conduct by dominant companies with the publishing of new guidelines New
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 57 contributions 23873 visits
European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies* In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more (...)

The EU Court of Justice AG Rantos argues that a football federation’s exclusion of a rival football competition is not a restriction by object and is necessary to protect the European Sport Model (ESLC / UEFA / FIFA) New
Columbia University (New York)
United States 1 contribution 18 visits
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The Graduate Institute for International and Development Studies (Geneva)
Switzerland 15 contributions 32791 visits
Abstract The Court of Justice of the European Union (CJEU) was requested to consider whether the Union of European Football Associations (UEFA), which (according to the Court) has “conferred on itself the exclusive power to organize pan-European competitions” between football clubs, could (...)

The German Competition Authority opens an investigation into the potential anti-competitive impediment of options for co-using radio masts in the telecommunications sector (1&1 / Vodafone / Vantage Towers) New
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Bundeskartellamt examines potential anti-competitive impediment of 1&1 by Vodafone and Vantage Towers* Bonn, 2 June 2023: Following a complaint filed by 1&1 Mobilfunk GmbH, Düsseldorf, the Bundeskartellamt is examining whether Vodafone GmbH, Düsseldorf or its affiliated company Vantage (...)

The Italian Competition Authority launches an investigation into the national football federation for an alleged abuse of dominance in the organisation of recreational-amateur competitions in the youth sector (FIGC) New
Italian Competition Authority (Rome)
Italy 64 contributions 16304 visits
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Italian Competition Authority market-tests commitments proposed by a Big Tech search engine to close an abuse of dominance investigation over claims that the firm obstructed interoperability of users’ personal data (Google) New
Portolano Cavallo (Milan)
Italy 61 contributions 8977 visits
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Portolano Cavallo (Milan)
Italy 33 contributions 6109 visits
On March 21, 2023, the Italian Competition Authority (AGCM or “ ICA”) published for market testing a set of commitments proposed by Google LLC (“Google”) to close an investigation for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) and the (...)

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus) New
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50401 visits
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Van Bael & Bellis (Brussels)
Belgium 47 contributions 23686 visits
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Van Bael & Bellis (Brussels)
France 38 contributions 20740 visits
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Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia) New
Municipality of Cagliari
159 contributions 131192 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft) New
Morgan Lewis (London)
United Kingdom 1 contribution 28 visits
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Morgan Lewis (London)
United States 13 contributions 5414 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9487 visits
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The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)

Mergers

 The Irish Competition Authority opens a Phase 2 investigation into a proposed acquisition in the market for waste and recycling (Thornton / The City Bin) New
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC to carry out Phase 2 investigation of Thornton’s proposed acquisition of The City Bin Co* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by Padraig Thornton Waste Disposal Limited, which trades (...)

The Australian Competition Authority provides important new details on the proposed shake-up of Australia’s merger control laws New
Ashurst (Brisbane)
Australia 5 contributions 511 visits
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Ashurst (Sydney)
Australia 9 contributions 2747 visits
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Ashurst (Sydney)
Australia 5 contributions 431 visits
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The ACCC continues to push for Australia to join the ’mandatory and suspensory’ merger control club, in common with the majority of other jurisdictions around the world What you need to know On 12 April 2023, the ACCC Chair, Gina Cass-Gottlieb, provided important new details about the ACCC’s (...)

The EU Court of Justice resurrects an old doctrine to permit the challenge of completed mergers that fall outside the merger thresholds under Art. 102 TFEU (Towercast / TDF) New
Shearman & Sterling (London)
United Kingdom 22 contributions 13463 visits
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Shearman & Sterling (London)
United Kingdom 29 contributions 13495 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 9387 visits
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Overview The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of dominant position rules (Article 102 TFEU). The judgment creates yet another (...)

The Maltese Competition Authority clears the proposed acquisition of a luxury yacht manufacturer by an investment fund (Princess Yacht / KPS) New
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 13 contributions 691 visits
COMP-MCCAA/04/2023- Acquisition of Princess Yachts (Holdings) Limited by KPS Capital Partners, LP.* Decision on acquisition in terms of Regulations 6 (1) (ii) and 12(4) of the Control of Concentrations Regulations (LN 294 of 2002 as subsequently amended), the Office for Competition, having (...)

The New Zealand Competition Authority unconditionally clears an acquisition of an eco-friendly consumer products business by a multinational chemical and consumer goods company (Henkel / Earthwise) New
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21565 visits
Commission grants clearance for Henkel to acquire Earthwise brands* The Commerce Commission has granted clearance for Henkel New Zealand Limited to acquire the Earthwise brand and business from Earthwise Group Limited, comprising the intellectual property in the Earthwise name, logo, bottle (...)

The Australian Competition Authority opens a public consultation over a proposed acquisition of a hotel by a company operating pubs and liquor stores (Rye Hotel / Endeavour) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Consultation opens on Endeavour’s proposed acquisition of Rye Hotel on the Mornington Peninsula* The ACCC is seeking views from consumers and businesses on the Mornington Peninsula, about Endeavour Group Limited’s proposed acquisition of the Rye Hotel in Rye, Victoria. Endeavour Group owns a (...)

The Canadian Competition Authority enters into a consent agreement with a portable heating fuel supplier to address competition concerns regarding its acquisition of a rival (Superior / Certarus) New
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
Competition Bureau reaches agreement with Superior to preserve competition in Canada’s portable heating fuels market* News release The Competition Bureau has entered into a consent agreement with Superior Plus Corp. to address competition concerns with its acquisition of Certarus Ltd. A (...)

The Mexican Competition Authority fines three water and waste management companies for failing to complete the procedure for the notification of concentrations (Engie / Suez / Veolia) New
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25029 visits
Cofece fines three water and waste management and treatment companies with more than 11 million pesos for failing to complete the procedure for the notification of concentrations.* Cofece urges companies to respect the procedures established in the Federal Economic Competition Law. The (...)

The Irish Competition Authority issues an assessment of a proposed acquisition in the market for car parking management (Q-Park / Tazbell) New
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC issues assessment to parties in relation to Q-Park / Tazbell Services* As part of its review process of the proposed acquisition by Q-Park Ireland Limited of the entire issued share capital of Tazbell Services Group Designated Activity Company, Sarlon Limited and Maukin Limited (see (...)

The Australian Competition Authority intends to block the acquisition of an independent supermarket by a large competing chain (Woolworths / SUPA IGA Karabar) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
ACCC opposes Woolworths’ acquisition of SUPA IGA Karabar* The ACCC opposes Woolworths’ proposed acquisition of the SUPA IGA in Karabar, NSW and its co-located Liquor Boss store, after concluding the transaction would be likely to substantially lessen competition in the supply of groceries in the (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues over the acquisition of a chicken breeder by a poultry producer (Inghams / Bromley Park Hatcheries) New
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21565 visits
Statement of Preliminary Issues released for Inghams’ proposed acquisition of certain assets from Bromley Park Hatcheries* The Commerce Commission has published a statement of preliminary issues relating to an application from Inghams Enterprises (NZ) Pty Limited seeking clearance to acquire (...)

The EU Commission approves a merger between two Swiss banks and permits a derogation from the standstill obligation (Credit Suisse / UBS) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Mergers: Commission approves the merger between Credit Suisse and UBS* The European Commission has approved unconditionally, under the EU Merger Regulation, the merger between Credit Suisse and UBS. The Commission concluded that the transaction would not raise competition concerns in the (...)

The EU Commission clears the acquisition of a provider of ‘two-way’ satellite-based communication services by a rival following an in-depth investigation (Viasat / Inmarsat) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Mergers: Commission clears Viasat’s acquisition of Inmarsat* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission concluded that the merger would not raise competition concerns in the European (...)

The Australian Competition Authority authorises a joint venture between three gas producers to jointly market gas (Vintage / Metgasco / Bridgeport) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
ACCC grants authorisation to Odin joint venture for marketing gas* The ACCC has granted authorisation for Vintage Energy Ltd, Metgasco Ltd and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited, to enter into joint gas marketing arrangements. Vintage, (...)

The US FTC welcomes news that two medical device manufacturers have abandoned their proposed merger following investigations by multiple National Competition Authorities (Boston Scientific / M.I. Tech Co.) New
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Statement Regarding the Termination of Boston Scientific Corporation’s Attempted Acquisition of a Majority Stake in M.I. Tech Co., Ltd.* In response to the announcement that Boston Scientific Corporation and non-vascular stent manufacturer M.I. Tech Co., Ltd. have terminated their $230 million (...)

The French Competition Authority clears the acquisition of sole control of a power plant operator’s steam power division by a multinational petroleum company (GE / EDF) New
French Competition Authority (Paris)
France 727 contributions 380648 visits
The Autorité de la concurrence clears the acquisition of sole control of General Electric’s GE Steam Power division by EDF* Background On 14 April 2023, EDF notified to the Autorité de la concurrence of its plan to take control of the activities of General Electric group’s GE Steam Power (...)

The Dutch Competition Authority blocks the acquisition of a waste-management company by rival (AEB / AVR)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33291 visits
ACM blocks acquisition of waste-management company AEB by rival company AVR* The Netherlands Authority for Consumers and Markets (ACM) blocks the acquisition of Amsterdam-based waste-management company Afval- en Energiebedrijf (AEB) by rival company Afvalverwerking Rijnmond (AVR). If the (...)

The EU General Court declares inadmissible an action seeking to block a complex acquisition of assets by a German energy utility of a French State-backed rival on the grounds that the third party which brought the action was not sufficiently active during the merger procedure (enercity / E.ON / RWE) New
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 96017 visits
The action brought by the German municipal authority enercity against the approval by the Commission of the acquisition of generation assets of E.ON by RWE is inadmissible* The General Court provides clarification in that context of the novel question of the burden of proof so far as concerns (...)

The EU General Court rejects a claim alleging the Commission was mistaken to treat a complex merger involving several transactions separately and endorses the analysis and decision-making process (EVH / E.ON / RWE) New
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 96017 visits
The action brought by the German electricity producer EVH against the approval by the Commission of the acquisition of E.ON assets by RWE is dismissed* The General Court points out in particular that an asset swap between independent undertakings does not constitute a ’single concentration’ In (...)

The Canadian Competition Authority seeks information to aid its investigation into a proposed bank merger (RBC / HSBC Canada) New
Journal of Parliamentary and Political Law (Ottawa)
France 47 contributions 19936 visits
Introduction Canada’s Competition Bureau (the ‘Bureau’), which assists the Commissioner of Competition (the ‘Commissioner’) in the administration and enforcement of the Competition Act (the ‘Act’), issued a request for information (‘RFI’) on 1 May 2023. This request aims to aid its investigation into (...)

The EU Commission publishes a package of measures aimed at simplifying its merger control procedures in order to reduce the workload and costs of mergers New
Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68871 visits
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Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16379 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5789 visits
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On 20 April 2023 the European Commission published a package of measures aimed at simplifying its merger control procedures under the EU merger Regulation (EUMR). The new measures, which will take effect as of 1 September 2023, aim to streamline and make less burdensome the Commission’s merger (...)

The EU Commission adopts simplifying, streamlining and optimising EU merger review procedures New
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3441 visits
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Zepos & Yannopoulos (Athens)
Greece 1 contribution 33 visits
On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (“Implementing (...)

The EU Commission streamlines merger procedures and leaves scope for further reforms New
White & Case (Brussels)
Belgium 15 contributions 10347 visits
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White & Case (Düsseldorf)
France 32 contributions 12803 visits
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White & Case (Brussels)
Belgium 2 contributions 91 visits
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The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified procedure, and streamlines the review of simplified cases. It also reduces (...)

The Australian Competition Authority refines its proposals for reforming the national merger regime New
King & Wood Mallesons (Melbourne)
Australia 2 contributions 42 visits
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King & Wood Mallesons (Melbourne)
Australia 2 contributions 42 visits
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King & Wood Mallesons (Melbourne)
Australia 2 contributions 42 visits
While the ACCC continues to believe that Australia’s current merger laws aren’t fit for purpose, it appears to have refined its thinking on aspects of the proposals first unveiled in August 2021, following comments made by ACCC Commissioner Stephen Ridgeway during a keynote discussion at the (...)

The US FTC abandons its challenge to the acquisition of a virtual reality fitness app by a social media giant following a District Court’s denial of FTC’s request for a preliminary injunction (Meta / Within) New
Weil, Gotshal & Manges (Washington)
United States 2 contributions 559 visits
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Weil, Gotshal & Manges (Washington)
United States 1 contribution 49 visits
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Weil, Gotshal & Manges (New York)
United States 1 contribution 49 visits
On February 24, 2023, the Federal Trade Commission officially dismissed its administrative challenge to Meta Platforms, Inc.’s acquisition of Within Unlimited, Inc. (Within), the company behind the virtual reality (VR) fitness application, Supernatural. The move by the FTC came less than a month (...)

State Aid

 The EFTA Surveillance Authority adopts new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA States New
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26895 visits
ESA adopts revised guidelines on enforcement of State aid rules by national courts* The EFTA Surveillance Authority (ESA) has today adopted new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA states. The revised guidelines provide direction and (...)

The EFTA Surveillance Authority initiates a formal investigation into an alleged State aid granted by the Norwegian authorities to a railway passenger-transport services and its subsidiary (Vygruppen) New
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26895 visits
ESA launches investigation into alleged State aid to Vygruppen* The EFTA Surveillance Authority (ESA) has today decided to initiate a formal investigation into alleged State aid granted by the Norwegian authorities to Vygruppen AS and its subsidiary. Vygruppen AS is owned by the Norwegian (...)

The EU Commission approves a Polish scheme worth €1B to support agricultural producers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €1 billion Polish scheme to support agricultural producers in the context of Russia’s war against Ukraine* The European Commission has approved an approximately €1 billion (PLN 4.7 billion) Polish scheme to support the liquidity of agricultural producers in the (...)

The UK High Court affirms proportionality as the standard of review for examining substantive subsidy decisions under the new subsidy control regime (Bulb) New
Blackstone Chambers (London)
United Kingdom 5 contributions 702 visits
As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a (...)

Procedures

 The US Supreme Court rules that a constitutional challenge of a government agency’s administrative enforcement may proceed at a Federal Court before the final determination of the administrative tribunal (Axon / FTC)
Baker McKenzie (New York)
United States 1 contribution 36 visits
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Baker McKenzie (Washington)
United States 2 contributions 194 visits
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Baker McKenzie (Washington)
France 2 contributions 141 visits
In brief On 14 April 2023, the United States Supreme Court issued its opinion in Axon Enterprise, Inc. v. Federal Trade Commission et al., and unanimously held that a litigant challenging the constitutionality of an agency administrative enforcement action need not await the outcome of that (...)

Regulatory

 The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines New Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Antitrust: Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines* The European Commission has today adopted revised Horizontal Block Exemption Regulations on Research and Development (‘R&D’) and Specialisation agreements (‘HBERs’), accompanied by revised (...)

The US Committee on Foreign Investment updates its interpretation of the "completion date" for a transaction to mean the date on which a foreign person obtains any equity interest in a US business
White & Case (Washington)
United States 3 contributions 1883 visits
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White & Case (Washington)
United States 2 contributions 927 visits
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White & Case (Washington)
United States 2 contributions 927 visits
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The Committee on Foreign Investment in the United States (CFIUS) recently issued a new Frequently Asked Question (FAQ) that updates CFIUS’s interpretation of the "completion date" for a transaction, which represents a significant change for transaction parties that have for years relied upon (...)

The UK Parliament publishes the Digital Markets, Competition and Consumers Bill to oversee and enforce an updated regulatory regime for the digital markets
Dechert (London)
United Kingdom 6 contributions 2018 visits
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Dechert (London)
United Kingdom 9 contributions 3233 visits
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Dechert (London)
United Kingdom 1 contribution 46 visits
Key Takeaways The UK’s long-awaited Digital Markets, Competition and Consumers Bill, published this week, brings in a new antitrust regime for Big Tech in the UK. The Bill provides statutory footing and powers for a new body, the Digital Markets Unit (“DMU”), to oversee and enforce the new regime. (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill which which introduces a wide range of reforms in the regulation of Big Tech
Ashurst (London)
United Kingdom 34 contributions 16543 visits
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Ashurst (London)
United Kingdom 8 contributions 3224 visits
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Ashurst (London)
United Kingdom 13 contributions 3808 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The Belgian Government takes action to screen foreign direct investment on its territory following the adoption of the FDI screening mechanism legislation New
Covington & Burling (Brussels)
Belgium 33 contributions 12557 visits
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Covington & Burling (Brussels)
Belgium 14 contributions 3069 visits
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Covington & Burling (Brussels)
Belgium 4 contributions 1595 visits
Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime may place additional compliance obligations on (...)

The EU Commission sees its Foreign Subsidies Regulation enter into force, creating a new regime with the objective of protecting the internal market from distortions created by foreign subsidies New
University of Oxford
United Kingdom 1 contribution 37 visits
The EU Foreign Subsidies Regulation (“FSR”) has been published on the 14th of December 2022 and entered into force on 12 January 2023. The Regulation creates a new regime with the objective of protecting the internal market of the European Union from distortions created by foreign subsidies. In (...)

The EU Commission publishes the Foreign Subsidies Regulation in the Official Journal
McDermott Will & Emery (Brussels)
France 9 contributions 3700 visits
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McDermott Will & Emery (Brussels)
Belgium 36 contributions 8481 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4897 visits
Time to Prepare for A New Regulatory Hurdle for M&A Transactions and Public Procurements Within the European Union On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the (...)

The EU Commission publishes the ground-breaking Digital Markets Acts which aims at improving the contestability and fairness of digital markets
Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68871 visits
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Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16379 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5789 visits
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The EU’s groundbreaking Digital Markets Act (DMA) came into force on 1 November 2022 and applies from 2 May 2023. In this update we summarise key developments: the Implementing Regulation, institutional changes in DG COMP, workshops, and national proposals granting National Competition (...)

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Témoignages

  • University Paris-Panthéon-Assas
    France 86 contributions 334460 visites

    e-Competitions est un formidable outil pour maîtriser doctrine et jurisprudence en droit comparé. Les brèves sont rédigées par des plumes sûres et dynamiques. Un must !