Bulletin suivant

Latest News issue: May 2023 - II

General antitrust

 The German Competition Authority publishes the final report on its sector inquiry into messenger and video services New Free
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Messenger and video services: Bundeskartellamt on data protection, transparency and interoperability* Today the Bundeskartellamt has published the final report on its sector inquiry into messenger and video services. Andreas Mundt, President of the Bundeskartellamt: “Messenger and video (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to Dutch Competition Authority does not violate right to privacy and right to an effective remedy (Burando / Port Invest) New
European Court of Human Rights (Strasbourg)
France 4 contributions 4955 visits
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the events, (...)

The European Court of Human Rights holds that transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Janssen de Jong) New
European Court of Human Rights (Strasbourg)
France 4 contributions 4955 visits
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder of (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Ships Waste Oil Collector) New
European Court of Human Rights (Strasbourg)
France 4 contributions 4955 visits
Ships Waste Oil Collector B.V. v. the Netherlands (no. 2799/16) The applicant company, Ships Waste Oil Collector B.V., is a company based in the Netherlands involved in the collection of waste liquids from ships in the Rotterdam region. The case concerns the transmission of data, lawfully (...)

The EFTA Surveillance Authority holds that Iceland is in breach of EEA law for restricting market access for foreign bus operators New
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
Iceland in breach of EEA law for restricting market access for foreign bus operators* The EFTA Surveillance Authority (ESA) has today sent a reasoned opinion to Iceland for failure to comply with EEA rules on provision of coach and bus cabotage operations. The relevant EEA rules provide a (...)

The Irish Competition Authority partners with the Research Council to fund research into the electric vehicle charging market aimed at identifying competition risks and harms to consumers New
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC partners with Irish Research Council to fund research into electric vehicle charging market* The Competition and Consumer Protection Commission (CCPC) is partnering with the Irish Research Council’s (IRC) New Foundations Scheme 2023. The scheme provides grants to pursue research, (...)

The Austrian Competition Authority requests information from 13 online food retailers as part of its sector inquiry into the food industry New
Austrian Competition Authority (Vienna)
Austria 55 contributions 5940 visits
Update on sector inquiry into food industry: AFCA now surveying online food retailers* As part of its sector inquiry into the food industry, the AFCA sent out requests for information to 13 online food retailers, requesting replies by 26 May 2023. The Austrian Federal Competition Authority (...)

The Turkish Competition Authority publishes Reflections of Digital Transformation on Competition Law Study New
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2734 visits
The Study titled “Reflections of Digital Transformation on Competition Law" Published* The increase in the use of the internet and the speed of technological developments have deeply affected business models and working principles of undertakings all over the world. This transformation has also (...)

The Turkish Competition Authority initiates a sector inquiry on mobile ecosystems New
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2734 visits
Sector Inquiry Concerning Mobile Ecosystems Initiated* A sector inquiry has been initiated into mobile ecosystems, which constitute an important component of digital economy. Today, the first thing coming to mind about internet access, mobile smart devices, play an important role in human (...)

The Brazilian Competition Authority publishes the Telecommunications Market Study Report New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE releases study on telecom markets* On 10 April, the Administrative Council for Economic Defense (CADE) released the 18th edition of its series of studies named Cadernos do Cade covering telecommunication markets. The publication aims to analyse the competitive aspects of the sector in (...)

The Turkish Competition Authority releases the final report of the FMCG retail sector inquiry New
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2734 visits
Türkiye FMCG Retail Sector Inquiry Final Report Published* Fast Moving Consumer Goods (FMCG) retail sector is one of the important areas that are under the microscope of the Competition Authority due to its structure and key role in the economy. The Authority regularly monitors the sector (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer / Daimler) New
Allegro Consulting (Brussels)
Belgium 3 contributions 727 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

The Italian Competition Authority launches a whistleblowing platform for reporting antitrust violations New
Portolano Cavallo (Milan)
Italy 4 contributions 381 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 5994 visits
On February 27, 2023, the Italian Competition Authority announced to have launched its own whistleblowing platform for reporting antitrust violations (eg, secret agreements on product prices, market sharing, competitor boycotts, etc.,). Using the platform, whistleblowers can report potential (...)

Anticompetitive practices

 The US District Court for the District of Massachusetts sides with the DOJ to halt an alliance in the airline industry (American Airlines / JetBlue) New Free
US Department of Justice (Washington)
United States 163 contributions 67773 visits
Justice Department Statements on District Court Ruling Enjoining American Airlines and JetBlue’s Northeast Alliance* Attorney General Merrick B. Garland and Assistant Attorney General Jonathan Kanter for the Justice Department’s Antitrust Division issued the following statements today regarding (...)

The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food) New
US Department of Justice (Washington)
United States 163 contributions 67773 visits
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The French Competition Authority carries out unannounced inspections in the passenger rail transport, distribution of travel agency services and products, and digital mobility systems sectors following alleged anticompetitive practices New
French Competition Authority (Paris)
France 726 contributions 379047 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors* Following authorisation from a liberty and custody judge, the (...)

The Dutch Competition Authority fines three egg-product companies for illegal price fixing agreements with regard to the purchase of eggs from farmers (Interovo / Wulro / Global) New
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
Three egg-product companies fined for illegal price-fixing agreements* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on three companies that purchase eggs (Interovo, Wulro and Global) for concluding illegal price-fixing agreements with regard to the purchase of (...)

The Brazilian Competition Authority initiates a preliminary investigation into abuse of dominance against two Big Tech companies in a case involving the ‘Fake News’ Bill (Google / Meta) New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE launches enquiry into abuse of dominant position by Google and Meta in case involving ‘Fake News’ Bill* On 2 May, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) launched a preliminary enquiry into alleged abuse of their dominant position (...)

The Brazilian Competition Authority reaches a settlement with a heart diseases diagnosis and treatment device manufacturer due to its involvement in a cartel in the high technology medical devices market (Biotronik) New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE signs agreement in cartel investigation related to procurement of orthotics and prosthetics* On 26 April, the Administrative Council for Economic Defense (CADE) signed a Cease and Desist Agreement with company Biotronik Comercial Médica in a proceeding related to a cartel in procurement (...)

The US District Court for the District of Connecticut acquits six aerospace executives in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Clifford Chance (Washington)
United States 1 contribution 140 visits
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Clifford Chance (Washington)
United States 1 contribution 140 visits
US Department of Justice Faces Additional Setback in Criminal Antitrust Labour-Market Prosecutions* A recent acquittal in a criminal antitrust case marks another setback to the US Department of Justice’s effort to use criminal prosecutions to address alleged anticompetitive conduct in labour (...)

The Brazilian Competition Authority fines eighteen companies and twenty individuals for engaging in anticompetitive practices in projector and interactive whiteboard procurements New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE fines cartel in market of projectors and interactive whiteboards BRL 7.9 million* On 12 April, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted 18 companies and 20 individuals for alleged cartel in public and private procurements for projectors and (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol) New
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1611 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6721 visits
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Van Bael & Bellis (Brussels)
Belgium 7 contributions 598 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question fall (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in printing machine and laminator procurements (Task Sistemas de Computação) New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
Office of the Superintendent-General of CADE signs the 108th leniency agreement and launches administrative proceeding* On 23 February, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) signed a leniency agreement with the company Task Sistemas (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in graphic printing services procurements New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
Office of the Superintendent General of CADE signs the 109th leniency agreement and launches administrative proceeding* On 28 February, the Office of the Superintendent General of CADE signed another leniency agreement within the Brazilian Competition Defence System, reaching 109 signed (...)

The Czech Competition Authority fines two undertakings for price fixing in the market for the distribution of electronic devices and accessories (Beryko / Witty) New
Czech Competition Authority (Brno)
Czech Republic 40 contributions 5508 visits
THE OFFICE PUNISHES A CARTEL OF XIAOMI ELECTRONICS DISTRIBUTORS DETECTED THANKS TO THE LENIENCY PROGRAM* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 24,467,000 on Beryko s.r.o. for participating in (...)

The Brazilian Competition Authority reveals that a manufacturer of ethanol, sugar, and distilled beverages and its CEO are encouraging cartelization in the ethanol market (Miriri Alimentos) New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE’s investigative arm recommends convicting possible invitations to cartelization in the ethanol market* In an order signed on 24 March, the Office of the Superintendent General of CADE recommended convicting the company Miriri Alimentos e Bioenergia and its chief executive officer for (...)

The Belgian Competition Authority adopts a new decision to fine a skincare company for imposing minimum prices and active and passive sales restrictions (Caudalie)
CMS Belgium (Brussels)
United States 3 contributions 1192 visits
In 2021, the Belgian Competition Authority imposed a fine of EUR 859,310 on several companies in the French Caudalie group for breaching competition law by imposing minimum prices and restricting active and passive sales in the framework of its selective distribution network. On 1 December (...)

The Italian Competition Authority carries out inspections at the premises of major oil corporations in relation to anticompetitive infringements over fuel prices (Eni / Esso / IP / Kuwait Petroleum Italia / Tamoil) New
Italian Competition Authority (Rome)
Italy 63 contributions 16190 visits
Italian Competition Authority: fuel prices - investigations have been initiated and inspections carried out against Eni, Esso, IP, Kuwait Petroleum Italia and Tamoil* The identified irregularities concern charging different prices at fuel stations compared to advertised prices as well as (...)

The US FTC proposes a ban on noncompete clauses in employment contracts which may have far-reaching implications for executive compensations New
Morgan Lewis (New York)
United States 1 contribution 30 visits
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Morgan Lewis (Washington)
United States 1 contribution 30 visits
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Morgan Lewis (Philadelphia)
United States 1 contribution 30 visits
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The Federal Trade Commission (FTC) announced a notice of proposed rulemaking on January 5, 2023, that would ban employers from entering into or maintaining noncompete clauses with their workers. The proposal was issued in response to President Joseph Biden’s July 9, 2021 executive order and (...)

The Turkish Competition Authority adopts the settlement procedure to conclude its investigation of companies in the small household appliances and kitchen tools sectors (Korkmaz / Gençler / Punto) New
ACTECON (Istanbul)
Turkey 22 contributions 3385 visits
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ACTECON (Istanbul)
Turkey 17 contributions 2473 visits
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ACTECON (Istanbul)
Turkey 6 contributions 333 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. Şti. (“Punto"). (...)

Unilateral Practices

 The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres) New
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau requires (...)

The Japanese Competition Authority issues a warning to a petroleum products retailer for selling at an excessively low price (SAN-AI Retail Service) New
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 22968 visits
The JFTC Issued a Warning and Cautions to Petroleum Products Retailers that Operate Gas Stations in Tsuchiura City, Ibaraki Prefecture.* The Japan Fair Trade Commission (JFTC) today issued a warning to SANAI Retail Service Co., Ltd. (SAN-AI Retail Service) that operates a gas station in (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta) New
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18336 visits
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* 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 (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece) New
Hellenic Competition Commission (Athens)
Greece 115 contributions 15758 visits
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Estonian Competition Authority rejects a budget airline’s complaint against a large international airport over an alleged antitrust violation in the increase in airport fees (Ryanair / Tallinn Airport) New
Estonian Competition Authority (Tallinn)
Estonia 11 contributions 1341 visits
The Competition Authority rejected Ryanair’s complaint* Based on the Competition Authority’s price analysis, it was concluded that the fees charged by Tallinn Airport are reasonable and justified. Tallinn Airport announced an increase in fees in the summer of 2022. Pursuant to the Aviation Act, (...)

The Italian Competition Authority imposes interim measures against a Big Tech company in the ongoing investigation concerning an alleged abuse of economic dependence in digital markets (SIAE / Meta) New
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4202 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11297 visits
On 20 April 2023, the Italian Competition Authority (“ICA”) imposed interim measures on Meta and ordered Meta to negotiate in good faith with the Italian Society of Authors and Publishers (“SIAE”), alleging that SIAE was economically dependent on Meta and that Meta, by terminating negotiations for (...)

The EU Court of Justice confirms that the EU Commission can exclude a Member State from the territorial scope of a formal antitrust investigation without violating the principle of protection against parallel antitrust proceedings (Amazon) New
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6721 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11297 visits
On 20 April 2023, the European Court of Justice (“ECJ”) handed down a judgment which confirmed that the European Commission (“Commission”) can carve out the market of a Member State from the scope of an investigation and allow the Member State authority to investigate the same conduct for its own (...)

The Italian Council of State seeks clarification from the EU Court of Justice in the context of refusal to deal in digital markets (Google / Enel X)
Municipality of Cagliari
158 contributions 131046 visits
On the appeal proceedings against the infringement decision made by the Italian Competition Authority (ICA) in Google/Enel X, the highest Italian administrative court, the Council of State (CdS), referred the matter to the Court of Justice of the EU (CJEU). What the CdS sought from the CJEU in (...)

The EU Court of Justice issues a decision on the imputation of liability and treatment of exclusivity under the EU prohibition on abuse of dominance (Unilever Italia) New
Clifford Chance (Brussels)
Belgium 1 contribution 27 visits
In its January 2023 Unilever Italia judgment, the European Court of Justice ("ECJ") ruled on two important practical aspects of the application of the EU prohibition on abuse of dominance under Article 102 TFEU. Background In December 2020, the Italian Consiglio di Stato made a request for a (...)

Mergers

 The New Zealand Competition Authority receives an acquisition application from a company making home ventilation systems seeking to take over a rival (Volution Group / Proven Systems) New
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Volution Group seeks clearance to acquire Proven Systems* The Commerce Commission has received a clearance application from Volution Group plc to acquire 100% of the business and assets of Proven Systems Limited. The parties overlap in the supply of home ventilation systems. Home ventilation (...)

The UK Competition Authority raises concerns over the takeover of 12 independent veterinary businesses by a large multinational business in the same industry (Medivet) New
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90388 visits
Vet business takeovers raise competition concerns for pet owners* CMA’s initial investigation into Medivet’s purchase of multiple independent vet businesses highlights potential price and quality issues The Competition and Markets Authority (CMA) has outlined its preliminary concerns that the (...)

The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain) New
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain* The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)

The EU Commission clears an acquisition application by the Slovenian second largest retail fuel supplier seeking to acquire a rival (OMV Slovenija / MOL) New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
Mergers: Commission clears acquisition of OMV Slovenija by MOL, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of OMV Slovenija by MOL. The approval is conditional on the divesture of 39 fuel stations in Slovenia to the (...)

The Romanian Competition Authority approves the takeover of an IT service provider by four related tech companies (Bittnet Systems / Dendrio Solutions / Cătălin-Cristian Georgescu / Constantin-Adrian Savu / Dataware Consulting) New
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF DATAWARE CONSULTING BY BITTNET SYSTEMS, CĂTĂLIN-CRISTIAN GEORGESCU AND CONSTANTIN-ADRIAN SAVU* The Competition Council approved the transaction by which Bittnet Systems S.A., Dendrio Solutions S.R.L., Cătălin-Cristian Georgescu and Constantin-Adrian (...)

The Romanian Competition Authority approves a merger transaction involving a cement manufacturer and a building material producer (Holcim / Betonexpres) New
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
The Competition Council approved the transaction by which Holcim (Romania) S.R.L. takes over the mobile concrete station in Florești, Cluj county, which belongs to Betonexpres S.R.L. Holcim (Romania) deals mainly with the manufacture of cement. The company manufactures and markets cement, (...)

The Romanian Competition Authority approves the takeover transaction involving a fruit and vegetable processing company and food processing firm (Morad Foods / Prefera Trading) New
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF PREFERA TRADING BY MORAD FOODS* The Competition Council approved the transaction by which Morad Foods in Bucharest, part of the Morad Group, intends to take over the company Prefera Trading in Alba county. Morad Food processes and preserves (...)

The French Competition Authority approves an application by two passenger transport companies to jointly acquire an electric moped rental company (RATP / CDC / Cityscoot) New
French Competition Authority (Paris)
France 726 contributions 379047 visits
The Autorité de la concurrence clears the joint control of Cityscoot by RATP and Caisse des Dépôts et Consignations* Background On 26 July 2022, RATP Capital Innovation, a subsidiary of RATP group, and Caisse des Dépôts et Consignations notified the Autorité de la concurrence of their plan to take (...)

The New Zealand Competition Authority receives a clearance application from an Australian-based poultry seeking to acquire a day-old chicks seller (Inghams / Bromley Park Hatcheries) New
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Inghams seeks clearance to acquire certain assets from Bromley Park Hatcheries* The Commerce Commission has received a clearance application from Inghams Enterprises (NZ) Pty Limited (Inghams) to acquire the assets of the Cobb Commercial and Riverland businesses of Bromley Park Hatcheries (...)

The US FTC opposes a biopharmaceutical giant’s $27.8B acquisition of a global biotechnology company on the grounds that the deal will entrench monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics) New
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37733 visits
FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

The EU Commission conditionally approves the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard) New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
Mergers: Commission clears acquisition of Activision Blizzard by Microsoft, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Activision Blizzard (‘Activision’) by Microsoft. The approval is conditional on full compliance (...)

The EU Commission sends a Statement of Objections to a Korean airline over its proposed acquisition of a rival (Korean Air / Asiana) New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
Mergers: Commission sends Korean Air Statement of Objections over proposed acquisition of Asiana* The European Commission has informed Korean Air of its preliminary view that its proposed acquisition of Asiana may restrict competition in the markets for passenger and cargo air transport (...)

The UK Competition Authority approves a merger in the satellite communications market (Viasat/ Inmarsat) New
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90388 visits
Satellite merger approved after in-depth CMA probe* Following a provisional clearance in March, the CMA is now allowing the proposed merger of Viasat and Inmarsat to go ahead. Phase 2 investigation finds that – while Viasat and Inmarsat compete closely – the merged company will be challenged by (...)

The Irish Competition Authority conditionally clears a proposed acquisition in the wholesale distribution of food and grocery goods market (BWG Foods / Tuffy Wholesale) New
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC requires binding commitments from BWG to acquire Tuffy’s Wholesale* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of the entire issued share capital, (...)

The Hellenic Competition Authority clears the proposed acquisition of a company active in the aggregates sector by a rival (Lafarge Beton / Larsinos) New
Hellenic Competition Commission (Athens)
Greece 115 contributions 15758 visits
Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." of sole control over the company ’LARSINOS S.A.’* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." (...)

The EU Court of Justice AG Collins encourages the Court to dismiss a gun jumping appeal arguing that the Commission, inter alia, does not have to be transparent when fixing the amount of fines as that may undermine the deterring effect (Altice / PT Portugal) New
White & Case (Düsseldorf)
France 31 contributions 12704 visits
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White & Case (Brussels)
Belgium 33 contributions 12189 visits
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White & Case (Brussels)
Belgium 1 contribution 44 visits
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court’s Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence of (...)

The EU Court of Justice AG Collins urges the Court of Justice to dismiss an appeal to overturn a gun jumping fine of €124.5M in the telecommunications sector (Altice / PT Portugal) New
Hogan Lovells (London)
United Kingdom 6 contributions 745 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 1724 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 34 visits
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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching EU merger control rules in relation to its 2015 purchase of (...)

The UK Competition Authority blocks the proposed acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard) New
McDermott Will & Emery (Brussels)
France 9 contributions 3229 visits
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McDermott Will & Emery (Dusseldorf)
Germany 8 contributions 4854 visits
On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as: In dynamic markets, regulators are focusing in on whether a deal harms or could harm (...)

The EU Commission adopts a new merger control review rules and procedures New
Van Bael & Bellis (Brussels)
Belgium 30 contributions 7642 visits
On 20 April 2023 the European Commission (“Commission”) adopted a package of new merger control review rules and procedures. These include (i) a new Implementing Regulation, (ii) a new Notice on Simplified Procedure and (iii) a Communication on the transmission of documents. The aim of these (...)

The Belgian Competition Authority’s Auditor General requests the adoption of interim measures in a proposed acquisition in the broadband communications services sector (Proximus / Edpnet) New
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21275 visits
Proximus/edpnet case (post-Towercast): the Auditor General requests interim measures to ensure the continuity of edpnet’s activities and its operational and commercial independence from Proximus* The Belgian Competition Authority confirms that the Auditor General has for the first time made use (...)

The EU Commission adopts a legislative package to further streamline the simplified merger control procedures within the bloc New
McDermott Will & Emery (Paris)
France 122 contributions 63368 visits
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McDermott Will & Emery (Brussels)
France 9 contributions 3229 visits
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McDermott Will & Emery (Dusseldorf)
Germany 16 contributions 6368 visits
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The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union On April 20, 2023, the EU Commission (Commission) adopted and published a package to simplify the procedures for reviewing concentrations under (...)

The Maltese Competition Authority clears a proposed acquisition in the aviation sector (Avia / AirExplore) New
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 12 contributions 670 visits
OFFICE FOR COMPETITION* COMP-MCCAA/6/2023 - Acquisition of AirExplore s.r.o. by Avia Solutions Group (ASG) PLC 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 (...)

The Hellenic Competition Authority approves the acquisition of an investment group by a bank (Piraeus Bank / MIG Investment) New
Hellenic Competition Commission (Athens)
Greece 115 contributions 15758 visits
Clearance of a notified concentration* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name «PIRAEUS BANK S.A.», on the basis of a mandatory public offer, of sole control over the company under the name «MARFIN INVESTMENT GROUP HOLDING COMPANY (...)

The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical) New
Jones Day (Beijing)
China 3 contributions 176 visits
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Jones Day (Shanghai)
China 51 contributions 23318 visits
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Jones Day (Beijing)
China 3 contributions 88 visits
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The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML"). For the first time, SAMR has required (...)

State Aid

 The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic (Ryanair) New Free
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28590 visits
The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic* The Commission failed to provide a statement of reasons for its finding that the measure at issue was not contrary to (...)

The EU Commission approves a €1.3B Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
State aid: Commission approves €1.3 billion Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events* The European Commission has approved, under EU State aid rules, a €1.3 billion Polish scheme to support agricultural producers to pay (...)

The EU Commission approves Danish measures to support new export and investment fund New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
State aid: Commission approves Danish measures to support new export and investment fund* The European Commission has approved, under EU State aid rules, Danish measures to set-up Denmark’s Export and Investment Fund (‘the Fund’), with a total estimated value of over €4 billion. The Fund aims at (...)

The EU Commission approves €837M Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
State aid: Commission approves €837 million Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy* The European Commission has approved a €837 million Spanish scheme to support the production of batteries for the (...)

The EU Commission approves €2.6B Swedish scheme to support companies in the context of Russia’s war against Ukraine New
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
State aid: Commission approves €2.6 billion Swedish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €2.6 billion (SEK 29 billion) Swedish scheme to support companies active in southern Sweden in the context of Russia’s war against (...)

The EU Court of Justice partially annuls the Commission’s decision on the Spanish Tax Lease System and clarifies the extent to which public authorities can implement general measures without favouring any undertaking (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión / Caixabank) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a (...)

The EU Court of Justice annuls the General Court decision on the precautionary recapitalisation of a major bank in Italy (Anthony Braesch) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the (...)

The EU Court of Justice rules that State aid includes all resources that can be directed by the State for its own purposes (DOBELES HES / Sabiedrisko pakalpojumu regulēšanas komisija) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija. A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) (...)

The EU General Court annuls two decisions of the Commission on State aid, due to the failure to take into account the accumulation of aid from other Member States (Landwärme) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction The EU Green Deal and the Climate, Environmental Protection and Energy Aid Guidelines [CEEAG] allow Member States to grant more aid, in diversity and amounts, to incentivise companies to invest in greener technologies and energy. However, when multiple Member States grant aid for (...)

The EU Court of Justice issues a preliminary ruling to clarify that State aid may have an incentive effect even where a project has already started or even completed (Veejaam / Espo / Elering) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal market is the presence of incentive effect. That is, the aid is capable of changing the behaviour of the recipient. If it does not, then public money is wasted because it has no effect on what (...)

The EU Commission approves a €1.8B German scheme to support the rollout of high-power charging infrastructure for electric vehicles New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a (...)

The EU General Court clarifies the nature of the link that must exist between State aid and other provisions of EU law in order for an aid measure to be found incompatible with the internal market (MVM Paks II Nuclear Power Plant Development) New
Maastricht University
Belgium 337 contributions 57657 visits
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the (...)

Procedures

 The EU General Court dismisses an action brought by a BigTech firm against a Commission decision seeking the disclosure of documents identified by means of search terms on the grounds that the decision is consistent with the principle of proportionality (Meta) New Free
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94309 visits
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)

The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer) New
Hausfeld (Berlin)
Germany 5 contributions 957 visits
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Hausfeld (Berlin)
Germany 2 contributions 442 visits
This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. The Advocate General’s opinion had raised high expectations for the ECJ’s (...)

Regulatory

 The French Competition Authority issues an opinion on certain provisions of the draft law to secure and regulate the digital space New
French Competition Authority (Paris)
France 726 contributions 379047 visits
Cloud computing: The Autorité de la concurrence issues an opinion on certain provisions of the draft law to secure and regulate the digital space* Background Referred to by the French Deputy Minister in charge of the digital transition and telecommunications, the Autorité has issued an (...)

The French Treasury publishes its annual report on FDI control and screening of foreign investments New
FGS Global (Paris)
France 1 contribution 149 visits
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University of Strasbourg
France 2 contributions 562 visits
On the 9th of May 2023, the French Directorate General of the Treasury (DG Trésor) released its annual report on its foreign direct investment (FDI) screening activity. The report provides key insights on both the priorities and the practices implemented by the Treasury in its screening of (...)

The EU Commission proposes a new framework for the licensing of standard essential patents New
Covington & Burling (Brussels)
Belgium 32 contributions 12443 visits
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Covington & Burling (Frankfurt)
Germany 6 contributions 2473 visits
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Covington & Burling (Frankfurt)
Germany 1 contribution 60 visits
On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here). Under the aegis of DG GROW, but in close consultation with DG COMP, the Commission seeks to address what some have perceived as lack of transparency and predictability (...)

The EU Commission publishes its draft regulation on standard essential patents with the aim to provide more transparency and predictability in this area
Covington & Burling (Brussels)
Belgium 32 contributions 12443 visits
,
Covington & Burling (Frankfurt)
Germany 6 contributions 2473 visits
Draft Regulation – The EU Commission Proposes a new Framework for the Licensing of Standard Essential Patents (“SEPs”)* On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here). Under the aegis of DG GROW, but in close (...)

The UK Government publishes updated market guidance New
Clifford Chance (London)
United Kingdom 4 contributions 367 visits
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Clifford Chance (London)
United Kingdom 4 contributions 218 visits
The UK Government has published updated Market Guidance which provides some useful additional information on how the Government will exercise its powers under the NSI Act. The UK Government has published updated Market Guidance on the National Security and Investment Act 2021 ("NSI Act") which (...)

The UK Government publishes the updated Market Guidance to provide for more transparency and certainty in the National Security and Investment regime
Herbert Smith Freehills (London)
United Kingdom 23 contributions 7986 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 36 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 4034 visits
Moves towards greater transparency under the UK National Security and Investment Act?* The National Security and Investment Act 2021 (NSIA) introduced a new standalone UK regime for the review of certain transactions and investments on national security grounds, which entered into force in (...)

The EU Commission publishes its long-awaited draft regulation on a new framework for standard essential patents New
Van Bael & Bellis (Brussels)
Belgium 4 contributions 300 visits
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Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
On 27 April 2023, the European Commission released its long-awaited draft Regulation on a new framework for standard-essential patents (“SEPs”). The draft Regulation aims at improving the efficiency and predictability in the SEP licensing market, particularly for small and mediumsized enterprises (...)

The UK Government introduces the Digital Markets, Competition and Consumers Bill to revamp the merger control regime for the digital age New
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23727 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 22 contributions 5952 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30302 visits
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On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (Bill), which will introduce wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the Competition and Markets Authority (CMA) and significantly alter the (...)

The UK Government introduces the highly anticipated Digital Markets, Competition and Consumers Bill which creates a new ex-ante regime for digital markets New
Morgan Lewis (London)
United Kingdom 25 contributions 9409 visits
The UK government recently published the highly anticipated Digital Markets, Competition and Consumers Bill, creating a new ex-ante regime for digital markets through proposed changes to UK competition law and enhanced consumer protection. The April 25, 2023 Bill is the UK equivalent of the (...)

The EU Commission adopts a Regulation extending the validity of the Motor Vehicle Block Exemption Regulation and updates the Supplementary Guidelines for the motor vehicles industry New
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1611 visits
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Van Bael & Bellis (Brussels)
France 163 contributions 55164 visits
On 17 April 2022, the European Commission (“Commission”) adopted a Regulation extending the validity of the 2010 Motor Vehicle Block Exemption Regulation (Regulation (EU) No 461/2010 (“MVBER”) until 31 May 2028. The Commission also adopted only modest amendments to the 2010 Supplementary Guidelines (...)

The EU Commission launches a public consultation on the implementation of the Technology Transfer Block Exemption Regulation New
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
,
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
On 17 April 2023, the European Commission launched a public consultation on the implementation of the Technology Transfer Block Exemption Regulation (“TTBER”) and related guidelines. The current TTBER exempts from the scope of Article 101 TFEU specific agreements by which one party authorises (...)

The US State of New York Assembly amends the Public Health Law to impose new notification requirements related to material transactions involving physician practices and management services organizations
Morgan Lewis (Philadelphia)
United States 6 contributions 780 visits
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Morgan Lewis (New York)
United States 1 contribution 33 visits
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Morgan Lewis (Houston)
United States 1 contribution 33 visits
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NEW YORK STATE: HEALTHCARE ENTITIES MUST DISCLOSE CERTAIN MATERIAL TRANSACTIONS* As part of the New York State budget for fiscal year 2023–2024, the New York State Assembly amended the New York Public Health Law to impose new notification requirements related to material transactions involving (...)
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