April 2021

General antitrust

 The French Competition Authority publishes its report on the Fintech sector highlighting that the entry of big tech companies in the payment sector raises potential competition law risks
Bird & Bird (Paris)
France 23 contributions 3219 visits
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Bird & Bird (Paris)
France 2 contributions 1029 visites
On 29 April The French Competition Authority (FCA) published its report on the Fintech sector. This report follows its payment sector inquiry launched in January 2020, which primarily focused on the disruption brought by new technologies and new market players. In this report the Authority (...)

The French Competition Authority issues an opinion closing the sector inquiry it launched in the payment sector in January 2020
Vaillant Group (Paris)
22 contributions 3365 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2712 visits
The French Competition Authority (FCA) has recently issued an opinion closing the sector inquiry it launched in the payment sector in January 2020. The FCA’s report mainly focuses on the disruption brought by new technologies and new market players in the sector, in particular BigTech (...)

The French Competition Authority publishes its views on the competition issues arising from Fintech
Toyota (Brussels)
Belgium 38 contributions 8175 visits
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Covington & Burling (Brussels)
Belgium 49 contributions 17714 visits
Back in 2020, the French Competition Authority (“FCA”) had announced, in its annual priorities, its interest in the competition implications of the digital revolution in the financial sector, notably in the context of the growth of FinTech, the introduction of blockchain technology and the (...)

The Canadian Government announces that funding for the Competition Authority is set to increase by more than one third
Conzen O’Connor (Toronto)
23 contributions 5063 visits
More Money and New Digital Tools for Competition Bureau in Federal Budget* Funding for Canada’s Competition Bureau is set to increase by more than one third, the government announced in the federal budget for 2021-2022. The budget proposes to increase the Bureau’s budget by $96 million over (...)

The Spanish Parliament amends the Competition Act to implement the ECN+ Directive
Jones Day (Madrid)
Spain 8 contributions 727 visits
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Jones Day (Madrid)
Spain 7 contributions 2300 visits
In Short Background: European Parliament and Council Directive (EU) 2019/1 ("ECN+") required EU Member States to adopt, by February 4, 2021, minimum standards related to national competition authority ("NCA") antitrust enforcement. ECN+ aims to promote cooperation among NCAs and the (...)

The Spanish Parliament publishes a decree which greatly amends national competition law as a result of the transposition of the ECN+ Directive
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31628 visites
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Herbert Smith Freehills (Madrid)
Espagne 3 contributions 652 visites
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2119 visits
On 28 April 2021, Royal Decree-Law 7/2021, of 27 April, was published in Spain’s Official State Journal (RD 7/2021). RD 7/2021 has the aim of transposing into Spanish legislation a number of EU directives, including Directive (EU) 2019/1 of the European Parliament and of the Council of 11 (...)

The Spanish Parliament transposes the ECN+ Directive into Spanish law
Bird & Bird (Madrid)
Spain 29 contributions 4687 visits
On 29 April 2021, the Spanish Royal Decree-Law 7/2021 entered into force, modifying the Spanish Competition Act (“LDC”) due to the transposition of the Directive 2019/1 – known as the “ECN+ Directive” – which aims to achieve a more effective application of competition rules by the National (...)

The Croatian Government adopts a revised Competition Act transposing the ECN+ Directive that places fundamental guarantees of independence for the National Competition Authority
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19446 visits
Croatia adopts revised Competition Act 2021* The Act on the Amendments to the Competition Act was published in Official Gazette 41/2021 on 16 April 2021 and enters into force on 24 April 2021. In compliance with the rule against retroactivity, which prohibits the imposition of ex post facto (...)

The Italian Government welcomes legislative proposals on competition law reform
Ashurst (Brussels)
Belgium 45 contributions 45899 visits
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Ashurst (Milan)
Italy 102 contributions 29550 visits
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Ashurst (Brussels)
Belgium 12 contributions 6353 visits
On 25 April 2021, the Italian Government submitted its Recovery and Resilience National Plan ("PNRR") to the national Parliament, which included proposals on competition law reform by the Italian Competition Authority ("ICA"). Key takeaways Reforming competition law is among the priorities (...)

The US Congress signs a legislation aimed at reducing prescription drug prices by supporting generic and biosimilar alternatives to branded drugs
White & Case (New York)
États-Unis 6 contributions 1840 visites
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White & Case (Boston)
États-Unis 9 contributions 2653 visites
On April 23, 2021, President Biden signed into law two bipartisan bills aimed at reducing prescription drug prices by supporting generic and biosimilar alternatives to branded drugs. The Ensuring Innovation Act supports generic drugs by clarifying the technical qualifications for earning (...)

The Indian Competition Authority publishes draft amendments to the confidentiality regime and invites public comments
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 16436 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 56 contributions 15797 visits
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Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 19634 visits
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The CCI announced in April that it was in the process of reviewing and revising the confidentiality regime, based on its enforcement experience over the last 10 years. It published draft amendments to the relevant provisions in the General Regulations, and has invited public comments on these (...)

The UK Competition Authority launches the Digital Markets Unit to look into Big Tech firms’ potential anticompetitive practices
Hausfeld (Washington)
États-Unis 2 contributions 250 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1588 visites
The UK Government has launched the long-awaited Digital Markets Unit (DMU) to “help make sure tech giants such as Facebook and Google cannot exploit their market dominance.” The DMU, based in the Competition Markets Authority (CMA), kicked off its work in shadow, non-statutory form on 7 April (...)

The UK Competition Authority launches the Digital Markets Unit to introduce, maintain and enforce a code of conduct regulating the provision of digital and online services
Ashurst (London)
United Kingdom 34 contributions 16825 visits
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Ashurst (London)
Royaume-Uni 21 contributions 4308 visites
On 7 April 2021, the Digital Markets Unit ("DMU") was launched within the Competition and Markets Authority ("CMA"). The DMU will, in the future, be tasked with oversight of the UK’s new digital regulatory regime, with powers and duties enshrined in legislation. Key takeaways The DMU has (...)

Anticompetitive practices

 The Polish Competition Authority fines an online office equipment retailer for resale price maintenance (Fellowes)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
Collusion on office equipment market - decision of the President of UOKiK* Collusion on office equipment market - decision of the President of UOKiK Fellowes Poland for many years imposed minimum prices on distributors for resale of office equipment on the Internet. Tomasz Chróstny, President (...)

The High Court of Catalonia annuls the Catalan Competition Authority’s decision to fine a professional association of tour guides for price fixing and market allocation (Professional Association of Tour Guides of Catalonia)
Baker McKenzie (Barcelona)
Spain 3 contributions 203 visits
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Baker McKenzie (Madrid)
Spain 34 contributions 25312 visits
On April 2021, the Tribunal Superior de Justicia de Cataluña (High Court of Catalonia, the “High Court”) annulled an infringement decision (the “Decision”) issued by the Autoridad Catalana de la Competencia (Catalan Competition Authority, the “CCA”) on July 2018 against the Asociación (...)

The Irish Competition Authority seeks a High Court order on its proposed agreement with a national furniture retailer to avoid engaging in resale price maintenance (Coach House)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16162 visits
CCPC seeks High Court order on Coach House agreement* In April 2019, the Competition and Consumer Protection Commission (CCPC) opened an investigation into suspected anti-competitive practices by Chairs Limited, which trades under the name “Coach House” in the Republic of Ireland. Coach (...)

The Australian Competition Authority grants interim authorisation to a press association to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Country Press Australia members can collectively bargain with Google and Facebook* The ACCC has granted interim authorisation for Country Press Australia (CPA) members to collectively negotiate with Facebook and Google over payments to publishers for their news content that appears on the (...)

The Cypriot Administrative Court annuls a decision that imposed a fine of €20.7M on petroleum companies (ExxonMobil / Hellenic Petroleum / Petrolina / Coral)
Trojan Economics (Nicosia)
Cyprus 11 contributions 2239 visits
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Stelios Americanos & Co (Nicosia)
Chypre 2 contributions 649 visites
The joined cases were brought before the Administrative Court of Cyprus (hereinafter the “Court”) by ExxonMobil Cyprus Ltd, Hellenic Petroleum Cyprus Ltd, Petrolina (Holdings) Public Ltd and Coral Energy Products Cyprus Ltd (hereinafter the “petroleum companies”) against the Commission for the (...)

The EU Commission imposes total fines of €28 million on three investment banks for their involvement in a cartel in the EEA secondary trading market for SSA bonds denominated in US Dollars (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Van Bael & Bellis (Brussels)
Belgique 28 contributions 5362 visites
On 28 April, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of Supra-sovereign, Sovereign and Agency (“SSA”) bonds. SSA Bonds In the first decision, adopted on 28 April 2021, the Commission imposed total fines of € 28 (...)

The EU Commission imposes a fine of €28.5 million on banks implicated in European government bond trading cartel (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17675 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5097 visits
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The Belgian Competition Authority considers that the commitments offered by two food retailers under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition (Carrefour / Provera)
Ashurst (Brussels)
Belgium 45 contributions 45899 visits
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Ashurst (Brussels)
Belgium 37 contributions 9019 visits
In its decision of 28 April 2021, the Belgian Competition Authority ("BCA") considered that the commitments offered by Carrefour and Provera under the purchase alliance probe were proportionate and suitable to address potential restrictions of competition. Following Carrefour’s divestment (...)

The Spanish Competition Authority initiates disciplinary proceedings against a national electricity company for anticompetitive practices (Audax)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC initiates disciplinary proceedings against Audax Renovables S.A. for alleged practices prohibited by the Anti-Trust Law* - It is investigating if it used deceit and fraud in its favour to convince household customers of electricity and gas companies to switch their suppliers - (...)

The EU Commission imposes fines totalling €48M on 3 railway companies for participating in a cross-border customer allocation cartel (ÖBB / DB / SNCB)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7574 visits
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McDermott Will & Emery (Paris)
France 134 contributions 66025 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7514 visits
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On 20 April 2021, the EC issued its settlement decision by which it fined Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen (SNCB) a total of approximately EUR 48 million for participating in a cross-border customer allocation (...)

The Turkish Competition Authority announces the launch of a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labour markets across Turkey (Yemek Sepeti / Zomato / Commencis...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1976 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2321 visits
On April 20, 2021, the Turkish Competition Authority (“Authority”) announced on its website that the Turkish Competition Board (“Board”) had launched a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey, in order to determine (...)

The EU Commission fines three railway companies €48M for market sharing (OBB / DB / SNCB)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission fines three EU railway companies €48 million for customer allocation cartel* The European Commission has fined railway companies Österreichische Bundesbahnen (ÖBB), Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges / Nationale Maatschappij der Belgische (...)

The Portuguese Competition Authority for the first time issues statements of objections for an anticompetitive agreement in the labor market against national football league and 31 sports companies who agreed not to hire back employees who terminated their employment due to COVID-19 (Portuguese Professional Football League)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28872 visits
AdC issues Statements of Objections for anticompetitive agreement in the labour market for the first time* The AdC (Portuguese Competition Authority) has issued for the first time Statements of Objections for an agreement not to hire workers, in this case involving the Portuguese (...)

The Latvian Supreme Court upholds the Competition Authority’s decision to fine a transportation and infrastructure company for bid-rigging (Rīgas satiksme)
Latvian Competition Council (Riga)
Latvia 123 contributions 23806 visits
The court leaves effective a decision of the Competition Council on involvement of SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 9 April, the Senate of the Supreme Court rejected the cassation claim of Riga Municipality capital company SIA “Rīgas satiksme” on (...)

The Australian Competition Authority releases a report regarding exemptions in the time of the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Competition exemptions in the time of COVID-19* In a six week period from mid-March 2020, the ACCC received 33 applications for authorisation of competitor collaborations to deal with disruption and risks arising from the COVID-19 pandemic. In response to this unprecedented number of urgent (...)

The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz Trucks España)
Matheson (Dublin)
Ireland 13 contributions 1407 visits
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Matheson (Dublin)
Irlande 2 contributions 356 visites
Irish subsidiary companies should be aware that they may be ordered to pay fines or compensation as a result of a parent company breaching competition law, and corporate groups should take this risk into account in the design of intra-group operations and competition law compliance programmes. (...)

The Turkish Competition Authority imposes an administrative monetary fine on a major paint supplier for resale price maintenance and exclusive distribution (DYO)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 12 contributions 2995 visites
This case summary aims to shed light on the Turkish Competition Board’s (“Board”) DYO Decision, whereby the Board imposed an administrative fine of TL 21,036,866.58 to DYO Boya Fabrikaları Sanayi ve Ticaret A.Ş. (“DYO”), a major paint supplier in Turkey, on the ground that DYO has violated (...)

The EU Court of Justice upholds the Commission’s fine and affirms that a parent company may be held jointly and severally liable for allocating markets and customers, price fixing, bid rigging and sharing commercially sensitive information (Italmobiliare)
McDermott Will & Emery (Paris)
France 32 contributions 7514 visits
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McDermott Will & Emery (Paris)
France 28 contributions 3985 visits
On 24 June 2015, the EC fined 10 manufacturers of retail food packaging trays a total of EUR 115.8 million for having participated in a single and continuous infringement consisting of five separate cartels aimed at fixing prices, allocating customers and markets, bid-rigging and exchanging (...)

The US Court of Appeals for the Fifth Circuit rules that showing that the reverse payment settlement eliminated the possibility of an earlier generic entry is enough to infer anticompetitive effects (Endo / Impax)
Jones Day (New York)
États-Unis 1 contribution 274 visites
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Jones Day (Washington)
États-Unis 2 contributions 467 visites
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Jones Day (Washington)
États-Unis 5 contributions 1008 visites
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In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of (...)

The German Federal Court of Justice rejects a follow-on damages claim but extends the factual presumption that cartel effects harm truck buyers further down the supply chain (Trucks Cartel)
Jones Day (Brussels)
Belgique 2 contributions 88 visites
On 13 April 2021, the German Federal Court of Justice (“BGH”) rejected a follow-on damages claim filed against truck manufacturer Daimler in relation to the European Commission’s ("Commission") Trucks decision. Nevertheless, it is generally seen as a ruling favorable for plaintiffs seeking (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling finding a generic drugmaker liable for anticompetitive infringements through a “reverse payment” settlement with a brand manufacturer (Endo / Impax)
Hausfeld (Philadelphia)
États-Unis 1 contribution 284 visites
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s ruling that generic drug maker Impact Laboratories, LLC (now owned by Amneal Pharmaceuticals) engaged in an anticompetitive “reverse payment” settlement with brand manufacturer Endo (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax)
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 5 contributions 1029 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23422 visits
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American Antitrust Institute (Washington)
États-Unis 1 contribution 462 visites
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On April 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the Federal Trade Commission’s decision that Impax Laboratories entered an anticompetitive “reverse payment” settlement with Endo Pharmaceuticals. This case was the FTC’s first fully litigated reverse payment case since the (...)

The Polish Competition Authority initiates proceedings against national basketball clubs for limiting competition (Energa Basket Liga)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
The President of UOKiK brings charges of limiting competition against basketball clubs* President of UOKiK Tomasz Chróstny has initiated antitrust proceedings against the Energa Basket Liga and sixteen basketball clubs. The subject matter of the proceedings is the establishment of principles (...)

The German Competition Authority terminates proceedings against a household appliances producer in response to complaints about a rebate scheme (Liebherr)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3997 visits
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 April 2021, the FCO terminated proceedings against household appliances producer Liebherr after Liebherr agreed to change its sales conditions. The FCO had initiated proceedings in response to complaints about a (...)

The Chinese State Administration for Market Regulation and Shanghai SAMR issue two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices on their in-platform merchants (Alibaba / Shanghai Food Paishi Trade Development)
King & Wood Mallesons (Beijing)
France 19 contributions 4647 visites
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
4 contributions 925 visites
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King & Wood Mallesons (Beijing)
Chine 1 contribution 349 visites
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A few days ago, the State Administration for Market Regulation (“SAMR”) and Shanghai Administration for Market Regulation (“Shanghai AMR”) successively issued two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices (a type of (...)

The Lithuanian Authority announces that the Supreme Administrative Court rejects the Competition Authority’s appeal and upholds the decision of the Court of First Instance which ordered to revisit the joint bid-rigging fine imposed on two container ship companies (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20206 visits
Lithuanian Competition Authority will have to redecide on individualisation of fines for cartelists The Supreme Administrative Court of Lithuania (Court) rejected the appeal of the Lithuanian competition authority and upheld the decision of the court of first instance which ordered the (...)

The Turkish Competition Authority issues a decision on the analysis of alleged price coordination of undertakings in the welding sector underscoring the importance of economic analysis when investigating infringement complaints (Magmaweld / Oerlikon / Askaynak / Gedik)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 837 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 5 contributions 1104 visites
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I Introduction On July 29, 2019 a complaint was brought to the Turkish Competition Authority’s (“Authority”) attention, which alleged that certain undertakings operating in the welding sector acted together and subsequently violated the Law No. 4054 on the Protection of Competition (“Law (...)

The Dutch Trade and Industry Appeal Tribunal rules that the Competition Authority rightly imposed a fine for cartel violation in cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Stibbe (Amsterdam)
Pays-Bas 2 contributions 1506 visites
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In (...)

The Romanian Competition Authority opens an investigation into the production and marketing of poultry meat (Transavia / Ave Impex / Vis Agri)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27935 visits
The Competition Council has opened an investigation on the market of production and marketing of poultry meat* The Competition Council has launched an investigation aimed at a possible anti-competitive behaviour of some undertakings operating on the market of production and / or marketing (...)

Unilateral Practices

 The EU Commission sends a statement of objections to a Big Tech company regarding its store rules for music streaming providers (Apple App Store)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission sends Statement of Objections to Apple on App Store rules for music streaming providers* The European Commission has informed Apple of its preliminary view that it distorted competition in the music streaming market as it abused its dominant position for the (...)

The Russian Competition Authority fines a Big Tech company for abusing its dominant position in the distribution of mobile applications on its operating system (Apple)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
FAS Russia fined apple $12 million us dollars* On April 26, 2021, the FAS Russia imposed on Apple Inc. a turnover fine of 906,299,392.16 rubles (over $12 million) for violating antimonopoly legislation. In August 2020, the FAS Russia completed the consideration of the antitrust case (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision stating that a print circulars distributor abused its dominant position (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35922 visits
Danish Competition Appeals Tribunal: FK Distribution has abused its dominant position* The Danish Competition Appeals Tribunal has upheld a June 2020 decision by the Danish Competition Council stating that FK Distribution abused its dominant position on the market for distribution of (...)

The Australian Competition Authority releases its second interim report which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices
Bird & Bird (Sydney)
Australie 1 contribution 188 visites
On 28 April 2021, the ACCC released its second interim report as part of the five-year Digital Platform Services Inquiry, which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices. In this second (...)

The Danish Competition Appeals Tribunal upholds a decision by the Competition Authority against the biggest distributor of unaddressed mail for abuse of dominant position by tying its sale of print circulars with its sale of viewing of circulars on several of its digital platforms (FK Distribution)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8085 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2504 visits
On the 27th April 2021, the Danish Competition Appeals Tribunal (“DCAT”) upheld a June 2020 decision by the Danish Competition Council (“DCC”). The DCC concluded that FK Distribution (FK), as the biggest distributor of unaddressed mail (print circulars) in Denmark, had abused its dominant (...)

The Italian Competition Authority imposes a €102 million fine on a Big Tech company for abusing its dominant position by refusing to feature a competitor’s app on its digital platform (Google / Enel X)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5279 visits
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Van Bael & Bellis (Brussels)
Belgique 59 contributions 14071 visites
On 27 April 2021, the Italian Competition Authority (“ICA”) imposed a fine of over € 102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (collectively, “Google”) after concluding that Google had infringed Article 102 TFEU by refusing to include in Google’s own Android Auto app a (...)

The Italian Competition Authority fines a Big Tech company for abusively locking a SatNav rival out of their app store (Google / Enel X)
Municipality of Cagliari
167 contributions 133274 visits
By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

The Italian Competition Authority fines a Big Tech company for its refusal to publish an app developed by competitors allowing electric vehicle drivers to search and book an electric charging point while driving (Google / Enel X)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5464 visites
On 27 April 2021, the Italian Competition Authority (ICA) fined Google for its refusal to publish an app developed by Enel X Italia (“JuicePass”) on Android Auto allowing electric vehicle drivers to search and book an electric charging point while driving. Android Auto is a specific feature (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
Hong Kong 2 contributions 421 visites
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Jones Day (Shanghai)
China 51 contributions 23657 visits
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Jones Day (Beijing)
China 44 contributions 20624 visits
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first (...)

The Delhi High Court reviews the Competition Authority’s inquiry into a Big Tech company’s data privacy policy (WhatsApp)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
Delhi High Court Judgement on CCI Inquiry into WhatsApp’s new data privacy policy in India* While reporting on the initial media news in my earlier blog on the same topic published on 23 April 21 , I had promised to come back with a detailed reporting on the above judgment which was then (...)

The Delhi High Court upholds the Competition Authority’s order directing an investigation into the privacy policy rolled out by a Big Tech company (WhatsApp)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10323 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10257 visits
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Vahura (New Delhi)
Inde 59 contributions 5487 visites
KEY POINTS Mere pendency of some issues before the Hon’ble Supreme Court of India (“Supreme Court”), or any of the High Courts does not necessarily bar CCI from exercising jurisdiction otherwise vested with it under the Act. BRIEF FACTS Whatsapp LLC (“WhatsApp”) is the proprietor of the (...)

The Russian Competition Authority initiates proceedings against a Big Tech company for abuse of a dominant position in the market for video hosting services (Google / Youtube)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
FAS initiated a case against Google LLC* According to the Authority, the company abuses its dominant position in the market of YouTube video hosting services The reason for the investigation was the application of the Regional Public Organization “Center for Internet Technologies” (ROCIT), (...)

The UK Competition Appeal Tribunal confirms the Competition Authority’s settlement policy following the appeal of a musical instrument company (Roland)
Ashurst (London)
United Kingdom 13 contributions 2408 visits
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Ashurst (London)
United Kingdom 18 contributions 6224 visits
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Ashurst (London)
Royaume-Uni 3 contributions 678 visites
Roland UK ("Roland") appealed the level of the penalty imposed by the Competition and Markets Authority ("CMA") for engaging in resale price maintenance ("RPM") in relation to the supply of electronic drums. Roland argued that the Competition Appeal Tribunal ("CAT") should reduce the penalty (...)

The Indian Competition Authority finds that several exclusive wholesalers of country liquor did not discriminate against the suing distillery (Starlight Bruchem / Flora and Fauna Housing Land Developments / ... )
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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In the latest of a line of cases involving the liquor sector, the CCI found that a number of exclusive licensees for the wholesale trade in country liquor in the state of Uttar Pradesh had not abused their dominant position in failing to source liquor from the Informant, Starlight Bruchem Ltd. (...)

The Spanish Competition Authority rejects the initiation of an infringement procedure against a Big Tech company and clarifies in its decision the criteria under which dominant companies can exclude certain clients from their services (Eurozener / Google)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3230 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 5 contributions 2458 visits
In recent years GOOGLE LLC (GOOGLE) has faced several infringement procedures before EU National Competition Authorities and the European Commission with regards to various claims of anticompetitive behavior in relation to abuse of its dominant position in European markets. Recently, GOOGLE (...)

The Hamburg Data Protection Authority opens proceedings against a social media company to stop sharing user data from its subsidiary company (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
3 contributions 496 visites
Urgency procedure opened against Facebook in connection with the new WhatsApp terms of use* The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) opened proceedings against Facebook Ireland Ltd. with the aim of issuing an immediately enforceable order with the (...)

The German Competition Authority closes its investigation against a producer of household appliances, without a fine after it agreed to amend its retailer rebate scheme (Liebherr)
Ashurst (Frankfurt)
Germany 15 contributions 4178 visits
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Ashurst (Munich)
Germany 9 contributions 1748 visits
On 12 April 2021, the German competition authority ("FCO") closed its investigation against Liebherr, a producer of household appliances, without a fine after Liebherr agreed to abandon or amend certain clauses in its newly introduced distribution model which, in the FCO’s view, discriminated (...)

The Indian Competition Authority dismisses an antitrust complaint against a paint manufacturer because simply filing a criminal complaint against its competitor is not considered abuse of dominance (Asian Paints)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10323 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10257 visits
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Vahura (New Delhi)
Inde 59 contributions 5487 visites
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KEY POINTS Filing a criminal complaint against another enterprise in the same sector cannot be said to have been done with a view to oust competition from the relevant market in the absence of any additional evidence to indicate contraventions of Section 3 and/or 4 of the Act. BRIEF FACTS (...)

The Indian Competition Authority rejects allegations regarding an abuse of a dominant position in the provision of coal terminal services (Tamil Nadu Power Producer Association / Chettinad International Coal Terminal)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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After a lengthy investigation, which started in January 2016, the Competition Commission of India (CCI) rejected allegations by the Tamil Nadu Power Producer Association that Chettinad International Coal Terminal Pvt. Ltd. (CICTPL) had abused its dominant position in the provision of coal (...)

The Indian Competition Authority dismisses complaints against the State of Tamil Nadu’s road department on an alleged anticompetitive tender process because sufficient bids were received and the procurement process was found to benefit both the procurer and the public (Trichy Superintendent Engineer of Highways Department)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10323 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10257 visits
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Vahura (New Delhi)
Inde 59 contributions 5487 visites
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KEY POINTS The consumer, based on his requirements / commercial considerations, has the freedom to specify and choose the kind of service, machineries, timelines, mode, and the manner in which it requires the same, provided that no provision of the Act is violated. The public procurement (...)

Mergers

 The German Competition Authority clears a merger between two semiconductor manufacturers subject to conditions (Renesas / PLC)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Semiconductor industry: Bundeskartellamt clears the proposed acquisition of Dialog Semiconductor PLC by Renesas Electronics Corporation* The Bundeskartellamt has today cleared plans by the Japanese company Renesas Electronics Corporation to acquire all shares and sole control of Dialog (...)

The French Competition Authority unconditionally clears a merger between two media companies (Vivendi / Prisma Media)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence clears the takeover of Prisma Media (Ça m’intéresse, Capital, Cuisine Actuelle, Femme Actuelle, Gala, Télé Loisirs…) by Vivendi.* On 24 March 2021, the Vivendi group notified the Autorité of the exclusive control acquisition of the Prisma Media press group. (...)

The UK Competition Authority finds competition concerns in the merger between two national secure authentication management solutions providers (Imprivata / Isosec)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95608 visits
Imprivata’s purchase of Isosec raises competition concerns* The Competition and Markets Authority (CMA) has found that Imprivata’s proposed acquisition of Isosec raises competition concerns. Imprivata and Isosec provide secure authentication management solutions to healthcare providers in (...)

The Luxembourg Competition Authority publishes a statement regarding the EU Commission’s policy change on article 22 of the EU Merger Regulation
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109979 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 6 contributions 2969 visits
On 29 april 2021, following the release of the widely commented european commission guidance on art. 22 of the EU merger regulation (eumr), the Luxembourg Competition Council published a statement on the recent policy change. In addition to explaining the key characteristics of the European (...)

The French Competition Authority clears a merger between two waste management companies subject to conditions (Veolia / Suez)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence clears, subject to the divestment of assets in Île-de-France, the takeover of Suez RV OSIS by SARP, a subsidiary of Veolia* On 5 February 2021, the European Commission referred to the Autorité de la concurrence the examination of the takeover by SARP, a (...)

The Danish Competition Authority approves the acquisition of multiple bus companies by a private equity firm (IV / Egons / Papuga Bus / Polaris Private Equity / Larsenbus)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35922 visits
The Danish Competition Council has approved Polaris Private Equity IV K/S’ acquisition of the bus companies Egons A/S, Larsenbus ApS, Papuga Bus A/S, and Papuga A/S On 23 March 2021, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Polaris (...)

The Indian Competition Authority approves the acquisition of two online retail supermarket companies by a digital payments technology company (Tata Digital / Supermarket Grocery Supplies / Innovative Retail Concepts)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI approved the acquisition by Tata Digital Limited (TDL) of up to 64.3% of the total share capital of Supermarket Grocery Supplies Limited (SGS) and a potential subsequent acquisition by SGC of sole control over Innovative Retail Concepts Private Limited (IRC). TDL provides technology (...)

The US FTC requires the divestiture of gasoline market assets as a condition to clear the merger between two convenience stores companies (Buck’s / Casey’s General Stores)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40373 visits
FTC Requires Divestitures as Condition of Casey’s General Stores, Inc.’s Acquisition of Buck’s Intermediate Holdings, LLC* Order preserves competition in local fuel markets in Nebraska and Iowa Casey’s General Stores, Inc., Buck’s Intermediate Holdings, LLC, and Steven Buchanan, have (...)

The Spanish Competition Authority conducts a detailed analysis of the merger between two funeral services providers (Altima / Funeraria Juanals)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC conducts a detailed analysis of the Altima Group’s acquisition of Funeraria Juanals* - The transaction seeks to have Elysius Europa, S.L., the parent company of the Altima Group, which is jointly controlled by Albia Gestión de Servicio S.L.U. and Grup VFV, S.L., acquire exclusive (...)

The Spanish Competition Authority fines an oil company for not complying with previous voluntary remedies (Repsol)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC imposes a fine of 850,000 euros on Repsol Comercial de Productos Petrolíferos, S.A.* In 2014, Repsol acquired control of Societat Catalana de Petrolis, S.A. (Petrocat) The CNMC authorised the purchase, contingent on the oil company fulfilling a series of voluntary conditions. Repsol (...)

The German Competition Authority clears a merger between two national agricultural product suppliers subject to conditions (RaiWa Kassel / RWZ Cologne)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Agricultural trade: RaiWa Kassel can acquire 19 locations of RWZ Cologne – Bundeskartellamt allows merger only after changes to merger plans* The Bundeskartellamt has today cleared the acquisition of 19 locations of the agricultural cooperative Raiffeisen Waren-Zentrale Rhein-Main eG (RWZ), (...)

The Australian, German and UK Competition Authorities release a joint statement on merger control enforcement
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Landmark joint statement on merger control enforcement from ACCC, UK’s CMA and Germany’s Bundeskartellamt* The ACCC, the UK’s Competition and Markets Authority and Germany’s Bundeskartellamt have today issued a joint statement highlighting the importance of rigorous and effective merger (...)

The EU Commission investigates the merger between two pharmaceutical companies (Illumina / Grail)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
European Commission to investigate acquisition of pharmaceutical firm GRAIL by biotech firm Illumina* The European Commission will investigate the acquisition of US pharmaceutical company GRAIL by US biotechnology company Illumina. Various European countries, including the Netherlands, (...)

The EU Commission reviews the merger between two biotech companies specialized in genomic sequencing (Illumina / Grail)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The European Commission opens a review of Illumina’s acquisition of Grail under the procedure of Article 22 of the 2004 Merger Regulation* Background Following the referral request submitted by the Autorité de la concurrence, which was joined by several Member States of the European (...)

The EU Commission accepts its first merger referral under Article 22 of the Merger Regulation where the transaction falls below the requisite thresholds (Illumina / Grail)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9547 visits
On 23 March 2021, the European Commission (“Commission”) published Guidance outlining its new approach in accepting and encouraging referrals under Article 22 of the Merger Regulation of deals that fail to meet either the EU or Member State turnover thresholds but that nonetheless affect (...)

The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Illumina / Grail)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22884 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25469 visites
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In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

The UK Competition Authority finds that a merger between two petrol station groups would raise competition concerns (Bellis / Asda)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95608 visits
Bellis’ purchase of Asda raises some competition concerns* The CMA has found that Bellis’ completed £6.8bn purchase of Asda could lead to higher petrol prices in some parts of the country. The Issa Brothers and private equity firm TDR Capital purchased Asda through jointly owned company (...)

The Finnish Competition Authority approves subject to conditions the merger between two producers of alcoholic beverages (Altia / Arcus)
Hannes Snellman (Helsinki)
Finland 23 contributions 3019 visits
For the first time in Finnish merger control history, parties to a merger committed to an upfront-buyer provision. On 19 April 2021, the Finnish Competition and Consumer Authority (“FCCA”) approved the merger between Altia Oyj (“Altia”) and Arcus ASA (“Arcus”) subject to conditions. Both (...)

The Swedish Competition Authority clears the merger between two alcoholic beverages companies subject to conditions (Altia / Arcus)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9945 visits
The merger of Altia and Arcus is cleared after commitments* The Swedish Competition Authority clears the merger of Altia and Arcus. The merger is cleared on the condition that Altia and Arcus implement voluntary commitments that remedy the negative effects on competition that could have (...)

The Spanish Competition Authority initiates disciplinary proceedings against a funeral services provider for gun jumping (Albia / Tanatoria Móstoles)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC initiates disciplinary proceedings against Albia Gestión de Servicios, S.L.U., a subsidiary of the Santa Lucía group.* The company did not notify the CNMC of its purchase of the funeral services company Tanatoria Móstoles, S.L. before acquiring it in 2019. Companies that exceed (...)

The Turkish Competition Authority unconditionally clears the acquisition of a machine manufacturer’s process and motion control business by its parent company through a reverse Morris trust (Regal / Rexnord)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 5 contributions 1491 visites
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Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 837 visites
On 15 April 2021, the Competition Board (the Board) unconditionally approved Regal Beloit Corporation’s acquisition of sole control over Rexnord Corporation’s process and motion control (PMC) business segment. Facts The transaction concerns an acquisition carried through reverse Morris (...)

The Papua New Guinea Competition Authority approves the acquisition of a retailer and a real estate business by a rival (Alotau Enterprises / New Year’s Eve)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 15 contributions 617 visits
ICCC gives Approval for New Year’s Eve Limited to Acquire Alotau Enterprises Business* The Independent Consumer and Competition Commission (“ICCC”) would like to announce to the industry stakeholders and the general public that it has has approved New Year’s Eve Limited’s (“NYEL”) (...)

The French Competition Authority unconditionally clears the acquisition of a local semi-public company active in the building sector by a national public long-term investor group (Société d’économie mixte de construction du department de l’Ain / Sociétés Action Logement Immobilier / Adestia / Département de l’Ain)
Herbert Smith Freehills (Paris)
France 3 contributions 540 visites
On 6th April 2021, the French Competition Authority unconditionally cleared the acquisition of joint control over a local semi-public company active in the building sector (SEMCODA) by the Departement de l’Ain, Adestia (a Caisse des Dépôts et des Consignations subsidiary, a public long-term (...)

The Indonesian Competition Authority imposes penalties on three companies for lodging merger filings up to eight years too late (Orix / Saratoga Investama Sedaya / Dharma Satya Nusantara)
Ashurst (Singapore)
Singapore 14 contributions 16266 visits
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Ashurst (Brisbane)
Australie 1 contribution 269 visites
On 5 April 2021, the Indonesian Competition Commission ("KPPU") imposed fines totalling IDR 3.2 billion (approximately USD 221,000) on one Japanese and two Indonesian companies for failing to notify their respective transactions in a timely fashion. Key takeaways The Indonesian merger regime (...)

The French Council of State rejects the application from a biotechnology company to suspend the referral by the French Competition Authority of its acquisition of a company developing multi-cancer early detection tests, and rules that it does not have jurisdiction to suspend a request for referral (Illumina / Grail)
White & Case (Paris)
France 10 contributions 3466 visits
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White & Case (Düsseldorf)
Germany 36 contributions 14389 visits
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White & Case (Brussels)
Belgium 50 contributions 37930 visits
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The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages referrals from Member States even where the national filing thresholds are (...)

The French Supreme Administrative Court declines jurisdiction to review a below-threshold referral by the Competition Authority to the EU Commission (Illumina / Grail)
Addleshaw Goddard (Paris)
France 39 contributions 44101 visits
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Total Energies (Paris)
France 30 contributions 7485 visits
Responding to an appeal against the French Competition Authority’s ("FCA") first referral of a concentration below national merger control thresholds to the European Commission, the Conseil d’Etat declared it does not have jurisdiction to rule in these cases. Key takeaways The French Supreme (...)

State Aid

 The EU Commission approves a €12 million COVID-19 damage compensation as well as a €255.5 million of liquidity support to two airline companies in Portugal and extends an ongoing in-depth investigation to planned restructuring aid (SATA / Azores)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves €12 million coronavirus damage compensation and €255.5 million of liquidity support to SATA Air Açores and Azores Airlines in Portugal; extends ongoing in-depth investigation to planned restructuring aid* The European Commission has approved €12 million in (...)

The UK Competition Authority introduces a new Subsidy Advice Unit which will provide non-binding advice to authorities on State subsidies and replace the former notification requirement
Gleiss Lutz (Brussels)
Belgique 17 contributions 2062 visites
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. For many Britainophiles in the EU, the noise of the Brexiteers and their shouting about “world-beating Britain” during the last five years of the departure (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
ESA approves Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions* The EFTA Surveillance Authority (ESA) has today approved a Norwegian aid scheme to support private sector investments in own-use alternative fuels infrastructure. The measure, which (...)

The EU Commission approves €2.5 million compensation to Slovenian press agency for its public service (STA)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves €2.5 million compensation to Slovenian Press Agency STA for its public service* The European Commission has approved, under EU State aid rules, a €2.5 million compensation granted by Slovenia to the Slovenian Press Agency STA to fulfil its public service (...)

The EU Court of Justice finds that Spain failed to fulfil its obligations to recover the whole amount of the incompatible State aid (Telecom CLM)
Maastricht University
Belgium 353 contributions 64279 visits
The Impossibility of Proving the Absolute Impossibility to Recover Incompatible State Aid* Introduction It is rather impossible for Member States to prove that it is absolutely impossible to recover State aid that has been found by the Commission, and confirmed by EU courts, to be (...)

The EU Commission approves the prolongation and modification of a German scheme to support electricity production from renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves prolongation and modification of German scheme to support electricity production from renewable energy sources* The European Commission has approved, under EU State aid rules, the prolongation and modification of a German scheme to support the production of (...)

The EU Court of Justice determines whether a company indirectly benefitted from incompatible State aid granted to another chemical company (Fortischem)
Maastricht University
Belgium 353 contributions 64279 visits
Economic Continuity and Recovery of Indirect State Aid* Introduction Recipients of State aid that is found to be incompatible with the internal market have to pay it back with interest. This liability for repayment also extend to anyone else who benefits from the aid indirectly. It is (...)

The EU Court of Justice dismisses the appeal against the General Court’s judgment highlighting that essential national interests may justify deviation from the normal public procurement procedure (Achemos & Achema)
Maastricht University
Belgium 353 contributions 64279 visits
State Aid and Essential National Interest* Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes (...)

The EU Commission issues a rare decision on an SGEI measure concerning a press agency that could have been exempted from notification (Slovenia)
Maastricht University
Belgium 353 contributions 64279 visits
A Rare Commission Decision on an SGEI Measure that Could Have Been Exempted from Notification* A public service obligation must be imposed by an act of entrustment that describes in detail the terms of the obligation, identifies the undertaking that offers the service and lays down (...)

The EU Commission approves a restructuring aid for Polish regional railways as the country commits to an accelerated opening to competition of regional passenger rail transport
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves restructuring aid for Polish Regional Railways, as Poland commits to an accelerated opening to competition of regional passenger rail transport* The European Commission has concluded that Polish measures to support the restructuring of Polish Regional Railways, (...)

The EU Commission adopts revised guidelines on regional State aid to improve regional development and attract inward investment
Matheson (Dublin)
Ireland 13 contributions 1407 visits
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Matheson (Dublin)
Irlande 2 contributions 356 visites
The European Commission has adopted revised Guidelines on Regional State Aid which will enter into force on 1 January 2022. The revised Guidelines bring about good and bad news for Irish granting authorities and prospective Regional Aid recipients. In particular, while permissible aid (...)

The Polish regional administrative court in Łódź issues decision on SME status of entities controlled by religious communities
Warsaw School of Economics
Pologne 16 contributions 860 visites
Background & facts of the case A private company incorporated in Poland by a Polish archdiocese of the Catholic Church applied for an EU-funded subsidy intended for development of tourism. It indicated in the subsidy application that it was a small enterprise within the meaning of GBER (...)

The EU General Court dismisses three challenges against decisions of the Commission approving individual aid measures granted by Finland, Denmark and Sweden in the COVID-19 crisis (Ryanair)
Free University of Brussels (ULB)
Belgique 17 contributions 29419 visites
On 14 April 2021, the General Court ("GC") handed down three judgments dismissing Ryanair’s challenges against decisions by the European Commission, approving individual aid measures granted by Finland to Finnair (Case T-388/20) and by Denmark and Sweden to SAS in the context of the COVID-19 (...)

The EU General Court of Justice finds that the aid measures introduced by Sweden and Denmark for an airline company’s damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the COVID-19 pandemic comply with EU law (Ryanair)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29796 visits
Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law* Given that SAS’s market share is much higher than that of its closest competitor (...)

The EU General Court examines a system of levies on electricity consumers and concludes that it is likely to infringe fundamental provisions of the EU Treaty (Achema / Lifosa)
Maastricht University
Belgium 353 contributions 64279 visits
State Aid Measures May not be Funded through Discriminatory Taxes* Introduction Member States finance the generation of electricity from renewable energy sources [RES] with revenue they raise through levies or charges on consumers of electricity. On 14 April 2021, the General Court in (...)

The EU General Court provides further guidance on the standard of judicial review of Commission decisions not to raise objections at the end of a preliminary examination phase (Achema / Lifosa) (Verband Deutscher Alten)
Hogan Lovells (Brussels)
Belgium 37 contributions 6310 visits
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Van Bael & Bellis (Brussels)
Belgium 153 contributions 33998 visits
On 14 April 2021, the General Court delivered two judgments (Achema and Lifosa, Case T-300/19, and Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover, Case T-69/18, hereinafter “Achema” and “Verband Deutscher Alten”), which provide further guidance on the standard of judicial (...)

The EU General Court decides that State aid may be granted to a single company that is important for the national economy and does not need to be granted to all competitors (Ryanair)
Maastricht University
Belgium 353 contributions 64279 visits
Individual Aid Measures to Combat Covid-19* Aid to remedy a serious economic disturbance may be granted to a single company that is important for the national economy. EU law does not extend to competitors a right to the same aid. Introduction Between March 2020 and April 2021, the (...)

The EU General Court rejects a company’s actions for annulment against decisions of the Commission on COVID-19 individual aid in the aviation sector (Ryanair)
Hogan Lovells (Brussels)
Belgium 37 contributions 6310 visits
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Van Bael & Bellis (Brussels)
Belgium 153 contributions 33998 visits
On 14 April 2020, the General Court dismissed the actions for annulment brought by Ryanair against three decisions of the Commission authorising State aid in the airline sector. These judgments were delivered by the same Tenth Chamber (extended composition), which had already dismissed in (...)

Procedures

 The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management)
Dechert (Washington)
États-Unis 1 contribution 207 visites
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Dechert (Washington)
United States 15 contributions 2504 visits
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Dechert (Philadelphia)
United States 6 contributions 1889 visits
The Supreme Court has ruled that the Federal Trade Commission (FTC) does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants. The agency has increasingly relied on this authority to seek monetary penalties from defendants in antitrust (...)

The US Supreme Court holds that Section 13(b) of the FTC Act does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement (AMG Capital Management)
Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23422 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 5 contributions 1029 visites
On April 22, 2021, the Supreme Court unanimously held that section 13(b) of the Federal Trade Commission Act - which authorizes “a permanent injunction”- does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. (...)

The US Supreme Court rules that the FTC is unauthorized to seek monetary damages in antitrust cases (AMG Capital Management)
Bona Law (San Diego)
United States 22 contributions 3599 visits
The Federal Trade Commission and its Ability to Seek Restitution or Disgorgement Remedies* The US Supreme Court in AMG Capital Management, LLC v. Federal Trade Commission ends, at least for now, the FTC’s habit of seeking monetary damages in court as part of requests for equitable relief. (...)

The US Supreme Court blocks the FTC from obtaining monetary remedies in most antitrust and consumer protection cases (AMG Capital Management)
Jones Day (Miami)
États-Unis 2 contributions 396 visites
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Jones Day (Washington)
États-Unis 2 contributions 972 visites
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Jones Day (Washington)
États-Unis 2 contributions 767 visites
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The Supreme Court ruled unanimously in AMG Capital Management v. FTC that Federal Trade Commission Act ("FTCA") Section 13(b) does not authorize the FTC to obtain monetary remedies such as restitution or disgorgement. The Court’s decision is a significant setback for the FTC, particularly in (...)

The US Supreme Court holds that the FTC lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b) (AMG Capital Management)
Morgan Lewis (Philadelphia)
États-Unis 3 contributions 749 visites
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Morgan Lewis (Washington)
États-Unis 1 contribution 215 visites
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Morgan Lewis (Boston)
États-Unis 4 contributions 1057 visites
In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b). The Court’s April 22, 2021, decision in AMG Capital (...)

The US Supreme Court decides that the FTC is not authorized to seek monetary relief from defendants in federal court, in consumer fraud and antitrust cases (AMG Capital Management)
Reed Smith (Washington)
États-Unis 1 contribution 174 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 17 contributions 2882 visites
Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to seek monetary relief from defendants in federal court. We had (...)

The US Supreme Court unanimously holds that FTC Act Section 13(b) does not authorize equitable monetary relief (AMG Capital Management)
Baker Botts (New York)
États-Unis 1 contribution 193 visites
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Baker Botts (Washington)
États-Unis 21 contributions 17802 visites
This morning, the Supreme Court issued a unanimous ruling in AMG Capital Management, LLC v. FTC, finding that Section 13(b) of the FTC Act does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. 539 U.S. ___ (2021), Slip (...)

The Polish Competition Authority publishes its guidelines on the rules for imposing and calculating fines for companies breaching competition law
Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
Earlier this year the Polish Competition Authority (“UOKiK”) published its guidelines on the rules of imposing and calculating fines for companies breaching competition law (the “New Guidelines”) replacing guidelines issued in 2015. According to the New Guidelines, to determine the amount of (...)

Regulatory

 The UK Parliament approves the National Security and Investment Act
Covington & Burling (London)
Royaume-Uni 3 contributions 558 visites
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Covington & Burling (London)
United Kingdom 16 contributions 3949 visits
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Covington & Burling (London)
Royaume-Uni 5 contributions 1360 visites
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On 29 April, the UK Parliament adopted the National Security & Investment Law (“NS&I Law”). The law received Royal Assent the following day and will come into legal effect in late 2021. The NS&I Law will introduce mandatory notification and pre-clearance requirements for (...)

The US Congress introduces a package of bills seeking changes to antitrust and patent law in the pharmaceutical industry
White & Case (New York)
États-Unis 6 contributions 1840 visites
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White & Case (Boston)
États-Unis 9 contributions 2653 visites
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Wilson Sonsini Goodrich & Rosati (New York)
États-Unis 1 contribution 216 visites
The pharmaceutical industry, like the technology sector, has become as a focus of U.S. lawmakers seeking to revise competition law. In April 2021, House and Senate lawmakers introduced a package of legislation targeting conduct that supposedly prevents or slows competition from less expensive (...)

The UK Government see its National Security and Investment Act receive Royal Assent
Ashurst (London)
United Kingdom 34 contributions 16825 visits
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Ashurst (London)
United Kingdom 18 contributions 6224 visits
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Ashurst (London)
Royaume-Uni 21 contributions 4308 visites
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Introduction A new national security new regime On 29 April 2021, the UK National Security and Investment Act ("Act") received Royal Assent. When brought into force, which is not expected until late 2021, the Act will significantly strengthen the UK Government’s powers to investigate and (...)

The UK Parliament welcomes the National Security and Investment Act to review transactions on national security grounds, and potentially prohibit their completion or require remedies to allow them to proceed
Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 238 visites
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 238 visites
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 238 visites
…
On 29 April 2021 the National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the ability of the UK Government to review transactions on national security grounds, and potentially prohibit their (...)

The UK Parliament adopts the National Security and Investment Act
Bird & Bird (London)
Royaume-Uni 4 contributions 465 visites
On 29 April 2021, the UK National Security and Investment Bill was granted Royal Assent and has therefore formally become law. The new National Security and Investment Act (NSIA), is not yet in force but it is expected to become effective later this year. The NSIA establishes a new security (...)

The UK Parliament enacts the National Security and Investment Act
Hogan Lovells (London)
Royaume-Uni 17 contributions 3190 visites
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Hogan Lovells (London)
Royaume-Uni 14 contributions 4497 visites
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Hogan Lovells (London)
United Kingdom 7 contributions 3073 visits
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The UK’s much publicised National Security and Investment Bill has now been granted Royal Assent – passing into law an Act which will significantly affect the way investments in the UK can be reviewed by the Government where they raise national security considerations. The Act introduces a (...)

The UK Parliament’s Act on foreign direct investment receives Royal Assent
Morgan Lewis (London)
United Kingdom 26 contributions 9878 visits
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Morgan Lewis (London)
United States 13 contributions 5758 visits
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Morgan Lewis (London)
United Kingdom 8 contributions 1726 visits
The UK National Security and Investment Act 2021 (NSI Act) received royal assent on 29 April 2021. Expected to come into force in late 2021, the NSI Act will introduce a standalone UK foreign direct investment and national security screening regime, replacing the current regime that links (...)

The UK Parliament enacts the National Security and Investment Act after receiving the Royal Assent
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 6 contributions 5721 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 11 contributions 1817 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 1 contribution 174 visites
On 29 April 2021, the principal legislation establishing the UK’s new national security regime – the National Security and Investment Act 2021 (the Act ) – received Royal Assent. Although the new regime is not expected to come into force until much later in 2021, the granting of Royal Assent (...)

The German Government passes a revised regulation on foreign investment control
Hogan Lovells (Brussels)
Belgium 20 contributions 8723 visits
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Hogan Lovells (Brussels)
Belgium 8 contributions 1918 visits
Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past months. Against this backdrop, Germany is moving forward on its plans for (...)

The German Government introduces a significant amendment of foreign direct investment rules
Herbert Smith Freehills (Düsseldorf)
Allemagne 1 contribution 196 visites
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Herbert Smith Freehills (Düsseldorf)
Allemagne 1 contribution 196 visites
Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette (...)

The German Government adopts a 17th amendment to the Foreign Trade and Payment Ordinance
Jones Day (Frankfurt)
Germany 17 contributions 3856 visits
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Jones Day (Paris)
France 9 contributions 1264 visits
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Jones Day (Milano)
Italie 7 contributions 779 visites
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The 17th amendment to the German Foreign Trade and Payment Ordinance ("AWV") adopted by the federal government on April 27, 2021, included—compared to the original draft—a number of changes relevant to M&A transactions with a nexus to Germany. A draft 17th amendment to the AWV was (...)

The Spanish Parliament passes a new Competition Act implementing the ECN+ Directive broadly reinforcing and clarifying existing powers of the Spanish Competition Authority rather than making sweeping reforms
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
Royal Decree-Law 7/2021, of 27 April, has implemented into Spanish law EU Directive 2019/1 of 11 December 2018 empowering the competition authorities of Member States (OJ L11/3, 14.1.2019) (ECN+ Directive). The reform approved is less ambitious than anticipated by the preparatory works. No (...)

The German Federal Government further expands the FDI control regime
Latham & Watkins (Hambourg)
Allemagne 5 contributions 288 visites
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Latham & Watkins (Brussels)
Belgique 1 contribution 29 visites
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Latham & Watkins (Frankfurt)
Allemagne 1 contribution 29 visites
The latest amendments build on last year’s reform, extensively expanding the sectors subject to a mandatory review . Key Points: The list of sectors in which investment in a German business triggers a notification obligation now includes inter alia “critical technologies” such as artificial (...)

The EU Commission proposes a new regulation on the artificial intelligence systems
Norton Rose Fulbright (Brussels)
United States 31 contributions 13962 visits
EU to Propose New Artificial Intelligence Regulation* On April 21, the EU Commission is expected to adopt a proposal for a regulation (the AI Regulation) of “artificial intelligence systems” (AI systems), imposing new obligations that will impact businesses across many, if not all, sectors (...)

The US Congress proposes a package of bills on drug pricing, including changes to the treatment of reverse payments, product hopping, sham petitions, and patent dancing
White & Case (New York)
États-Unis 12 contributions 5928 visites
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White & Case (New York)
United States 7 contributions 2607 visits
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White & Case (New York)
États-Unis 6 contributions 1697 visites
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What’s next for drug pricing in the US? Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers, while the growing web of state laws is expected to increase compliance challenges for the pharmaceutical industry. What’s changing? A new (...)

The Norwegian Competition Authority alongside other Nordic countries publishes a joint report on online pharmacy markets and calls for removing the requirement to have physical pharmacies
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3948 visits
Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

The Latvian Competition Authority concludes that the restrictions introduced during the COVID-19 pandemic cause competition inequality for beauticians and beauty specialists in cosmetology
Latvian Competition Council (Riga)
Latvia 123 contributions 23806 visits
Restrictions in the beauty sector during COVID-19 cause competition inequality* Having examined the application of the Latvian Association of Beauticians and Cosmetologists and the Latvian Association of Beauty Specialists, the Competition Council of Latvia (the CC) concludes that the (...)