April 2023

General antitrust

 The Mexican Competition Authority initiates a study on free market access and economic competition in the natural gas market
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
Cofece initiates a study on free market access and competition in the natural gas market* The study will analyze the free market access and competition conditions in the production, distribution, and commercialization of natural gas. This sector is relevant because it generates 52% of the (...)

The Austrian Competition Authority requests information from 13 online food retailers as part of its sector inquiry into the food industry
Austrian Competition Authority (Vienna)
Austria 63 contributions 7155 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 UK Government proposes radical reforms to the enforcement of competition law in digital markets with the introduction of the Digital Markets, Competition and Consumers Bill to the Parliament
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
New Bill to crack down on rip-offs, protect consumer cash online and boost competition in digital markets* New powers unveiled aimed at boosting competition, clamping down on subscription traps and fake reviews. New powers aimed at boosting competition in digital markets currently dominated (...)

The Hungarian Competition Authority publishes a draft summary of the results of its accelerated sector inquiry into the milk and dairy products market
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
The GVH’s report on the dairy market: the following factors are contributing to strong inflation* GVH contributes to reducing inflation by providing competition advocacy proposals and expert consultations. 20 April 2023, Budapest – The Hungarian Competition Authority (GVH) has published (...)

The Latvian Competition Authority signs a cooperation memorandum with European Competition Authorities to promote regional cooperation and enforcement
Latvian Competition Council (Riga)
Latvia 122 contributions 23745 visits
Competition Council signs the Memorandum on regional cooperation with ten Eastern European and Baltic countries* On 18 April, the Competition Council of Latvia (the CC) undertook to promote regional cooperation on competition policy and enforcement by signing a Cooperation Memorandum with (...)

The Hungarian Competition Authority and 9 other Competition Authorities sign a memorandum to strengthen regional cooperation
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
Competition authorities of the region strengthen their cooperation* 18 April 2023, Budapest – The Hungarian Competition Authority and nine further competition authorities from the region signed a Memorandum of Understanding (MoU) in Warsaw to strengthen their partnership in the field of (...)

The Turkish Competition Authority publishes Reflections of Digital Transformation on Competition Law Study
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5348 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 (...)

The Brazilian Competition Authority publishes the Telecommunications Market Study Report
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 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 New Zealand Competition Authority publishes Guidelines on the application of competition law to intellectual property rights
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Commerce Commission publishes Guidelines on the Application of Competition Law to Intellectual Property Rights* The Commerce Commission has published Guidelines on the Application of Competition Law to Intellectual Property Rights (Guidelines) to help businesses understand how competition (...)

The European Competition Network releases a joint statement over the EU Commission’s review of the Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
Joint statement by the European Competition Network (ECN) on the European Commission’s review of the Market Definition Notice* With the present statement the ECN welcomes the initiative to review the Commission’s Market Definition Notice used in EU competition law (OJ C 372, 9.12.1997, p. 5 (...)

The Austrian Competition Authority gains new powers to monitor interchange fees, carry out investigations, and impose administrative penalties following the National Council’s adoption of the Interchange Fee Implementation Act
Austrian Competition Authority (Vienna)
Austria 63 contributions 7155 visits
Interchange fees: AFCA given monitoring and investigation powers* The Austrian National Council unanimously adopted the Interchange Fee Implementation Act (IEVG), which is based on Regulation (EU) 2015/751 on interchange fees for card-based payment transactions, thereby giving the Austrian (...)

Anticompetitive practices

 The US District Court for the District of Connecticut dismisses the DoJ’s criminal non-solicitation case against six aerospace industry employees and acquits all the defendants (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
McDermott Will & Emery (Washington)
United States 9 contributions 4558 visits
On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the defendants in U.S. v. Patel, et al. Importantly, the court held that the case, (...)

The US District Court for the District of Connecticut dismisses the DoJ’s third no-poach criminal case against six engineering staffing company executives for alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Freshfields Bruckhaus Deringer (Washington)
United States 3 contributions 436 visits
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Freshfields Bruckhaus Deringer (Washington)
United States 1 contribution 290 visits
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Freshfields Bruckhaus Deringer (Washington)
United States 1 contribution 290 visits
On April 28, 2023, a federal judge dismissed the third no-poach criminal case the U.S. Department of Justice (DOJ) had taken to trial. The DOJ indicted six engineering staffing company executives in December 2021, accusing them of restricting the hiring and recruitment of engineers in (...)

The US District Court for the District of Connecticut upholds a joint motion of acquittal to hand DoJ another loss in its campaign to criminally prosecute labour market hiring restraints (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Covington & Burling (San Francisco)
United States 2 contributions 122 visits
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Covington & Burling (Washington)
United States 19 contributions 12004 visits
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Covington & Burling (San Francisco)
United States 1 contribution 53 visits
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On April 28, 2023, Judge Victor A. Bolden of the United States District Court for the District of Connecticut granted defendants’ Rule 29 Motion for Judgment of Acquittal in United States v. Patel, stymieing the Justice Department’s latest effort to prosecute agreements among competitors to (...)

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 165 visits
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Clifford Chance (Washington)
United States 1 contribution 165 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 US District Court for the District of Connecticut acquits the defendants in a no-poach trial on the grounds that no reasonable jury could convict on the case presented by the government (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Cleary Gottlieb Steen & Hamilton (Washington)
Belgium 8 contributions 3412 visits
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Cleary Gottlieb Steen & Hamilton (San Francisco)
United States 2 contributions 522 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2177 visits
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On April 28, 2023, U.S. District Court Judge Victor A. Bolden entered an Order under Criminal Procedure Rule 29 acquitting the defendants in United States v. Patel, a federal criminal prosecution claiming that individuals employed by an aerospace company and its suppliers of outsourced labor (...)

The US District Court for the District of Connecticut acquits six executives of aerospace engineering companies in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2859 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 6 contributions 1831 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 288 visits
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In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering companies alleged to have allocated a labor market by agreeing not to (...)

The US District Court for the District of Connecticut rejects the DoJ’s strict application of the per se rule in labor markets and acquits six defendants of criminal antitrust violations arising out of alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Jones Day (Los Angeles)
United States 6 contributions 3745 visits
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Jones Day (San Francisco)
United States 6 contributions 3169 visits
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Jones Day (San Francisco)
United States 5 contributions 3185 visits
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A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division’s ("DOJ") criminal antitrust charges as a matter of law since the early (...)

The Lithuanian Competition Authority holds that a municipality infringed competition law by transferring the management of a swimming pool and the provision of other services to its own institution without a competitive procedure (Palanga City)
Lithuanian Competition Authority (Vilnius)
Lithuania 104 contributions 20078 visits
PALANGA CITY MUNICIPALITY IS OBLIGED TO ORGANISE A COMPETITIVE PROCEDURE FOR THE SELECTION OF A SWIMMING POOL MANAGER* Konkurencijos taryba has decided that the Municipality of Palanga (Municipality) infringed the Law on Competition by transferring the management of a swimming pool and the (...)

The Portuguese Competition Authority fines three supermarket chains and a product supplier for price fixing (Auchan / Modelo Continente / Pingo Doce / JNTL)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28716 visits
AdC fines three supermarket chains and a product supplier for price fixing* The decision The AdC has imposed fines to three supermarket chains - Auchan, Modelo Continente and Pingo Doce - as well as to the joint supplier of beauty, cosmetics, and personal care products, JNTL Consumer (...)

The Brazilian Competition Authority fines eighteen companies and twenty individuals for engaging in anticompetitive practices in projector and interactive whiteboard procurements
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 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 French Competition Authority fines a bakery equipment manufacturer and its network of distributors for price fixing (Bongard / Euromat)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Several entities sanctioned in bakery equipment distribution sector* Distribution of bakery equipment: The Autorité de la concurrence fines Bongard and the Bongard Dealers’ Association for price fixing. It also fines these same entities and the Euromat purchasing office for practices that (...)

The US DoJ secures a total of 94 months imprisonment and a $1.8M restitution order following the successful prosecution and conviction of a former public officer and a contractor for bid rigging (Yong / Opp)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Former Public Official and California Contractor Sentenced for Bid Rigging and Bribery* A former Caltrans contract manager and a former contractor were sentenced today in the U.S. District Court for the Eastern District of California in Sacramento for their roles in a bid-rigging and bribery (...)

The EU Court of Justice clarifies the binding effect of national competition authorities’ findings and the burden of proof in private damages claims (Repsol)
Linklaters (Brussels)
Belgium 3 contributions 1130 visits
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Linklaters (Brussels)
Belgium 1 contribution 608 visits
Private enforcement actions practice have been on the rise these last years. With increasing jurisprudence on the subject, successful cartel detection tools, and a stronger practical knowledge in this regard through key judgments, plaintiffs seek damages from anti-competitive behaviours in (...)

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)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1954 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1140 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 (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in printing machine and laminator procurements (Task Sistemas de Computação)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 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 (...)

The Belgian Competition Authority receives a package of measures to address concerns raised by its investigation into possible distortions of competition in the roll-out of fibre networks by two telecoms (Telenet/ Fluvius)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22688 visits
Telenet and Fluvius submit a package of measures to the Belgian competition authority with a view to addressing concerns relating to fibre network rollout in Flanders* In June 2022, the Belgian Competition Authority (BCA) opened an ex-officio investigation into possible distortions of (...)

The EU Commission confirms unannounced inspections of some businesses in the fashion sector over concerns that the companies concerned may have violated EU antitrust rules that prohibit cartels and restrictive business practices
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission confirms unannounced inspections in the fashion sector* On 18 April 2023, the European Commission has started unannounced inspections at the premises of companies active in the fashion industry in several Member States. In parallel, the Commission has sent out formal (...)

The Mexican Competition Authority concludes an investigation and issues a statement of probable responsibility to economic agents and natural persons for possible unlawful concentrations in the market of gasoline and diesel
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
Cofece notifies a statement of probable responsibility to economic agents and natural persons for possible unlawful concentrations in the market of gasoline and diesel* The Investigative Authority concluded its investigation and issued a statement of probable responsibility. With the (...)

The Italian Competition Authority uncovers a collusion in the market for automotive fuel in a duty free area (Livigno Petrol Price)
Municipality of Cagliari
166 contributions 132865 visits
The Italian Competition Authority finds a collusion in the market for automotive fuel in a duty free area* In the Livigno Petrol Price case, the Italian Competition Authority (ICA) has detected a pricing collusion put in practice by several petrol stations active in the territory of the (...)

The Austrian Competition Authority commences dawn raids in the market for the distribution of refrigeration and freezing equipment
Austrian Competition Authority (Vienna)
Austria 63 contributions 7155 visits
Austrian Federal Competition Authority confirms dawn raid in the distribution of refrigeration and freezing equipment* The Austrian Federal Competition Authority (AFCA) is carrying out a dawn raid in the distribution of refrigeration and freezing equipment. The undertaking is suspected of (...)

The US DoJ secures 78 months imprisonment and an almost $1M restitution order following the successful prosecution and conviction of a construction company owner for bid rigging (Bill Miller)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Construction Company Owner Sentenced to 78 Months in Prison and Ordered to Pay Nearly $1 Million in Restitution for Rigging Bids and Bribing a Public Official* Case Involved Public Works for the California Department of Transportation A construction company owner in California was (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in graphic printing services procurements
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 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)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6254 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 (...)

The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a (...)

The French Competition Authority condemns several companies for price fixing and market sharing in the market for the sale of subscriptions to economic intelligence and business information products (Bureau van Dijk Group / Ellisphere)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Sale of access to company databases: The Autorité condemns several Bureau van Dijk Group companies and Ellisphere for price fixing and market sharing* Background The Autorité de la concurrence (hereinafter "the Autorité") condemns the price-fixing and market-sharing practices committed (...)

The Czech Competition Authority sanctions distributors of electronics products for colluding but reduces the penalties as part of the leniency program (Beryko / Witty)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6254 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 (...)

The Paris Administrative Court of Appeal affirms the New Caledonian Competition Authority’s decision to dismiss the complaint filed by a competitor firm over the opening of two hypermarket stores in the Païta and Anse Uaré region (Hyper U / SDG-Carrefour)
New Caledonia Competition Authority (Noumea)
New Caledonia 26 contributions 2866 visits
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group* In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)

The Spanish Competition Authority investigates possible anticompetitive practices in the allocation of travel agency tenders
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC investigates possible anti-competitive practices in the allocation of travel agency tenders* These practices consist of agreements for the manipulation and allocation of tenders called by the General State Administration. On 28, 29, 30 and 31 March, the CNMC carried out dawn raids at (...)

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)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 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 Saudi Arabian Competition Authority fines 14 companies in the cement sector for price-fixing and market sharing (Arabia Cement / Riyadh Cement / Saudi Cement...)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1569 visits
The General Authority for Competition announces the penalties imposed against a number of establishments operating in the cement sector for their agreement to raise cement prices* Based on the tasks of the General Authority for Competition and its competences in enforcing the competition (...)

The Slovak Competition Authority initiates an administrative proceeding regarding abuse of dominance allegations against a bus station operator
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5540 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with using a bus station in Žilina region* AMO SR initiated the administrative proceeding in the matter of possible abuse of dominant position. On 24 February 2023 the Antimonopoly Office of the Slovak (...)

The Brazilian Competition Authority enters into two leniency agreements and launches administrative proceedings to investigate cartels in public and private procurements
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 visits
CADE’s Office of the Superintendent-General signs two leniency agreements and launches administrative proceedings to investigate cartels* The adherence to agreements indicates the attractiveness of the Brazilian Leniency Programme, which has clear rules following international best (...)

The Hellenic Competition Authority carries out a dawn raid at the premises of a company active in the collection, processing and sale of currant
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Dawn raids in the market for currant* Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of a company active in the collection, processing and sale of currant. The dawn raid was carried out in the context of the HCC’s ex officio (...)

Unilateral Practices

 The EU Commission initiates a new investigation to assess possible anticompetitive practices in the online rail ticketing market (Renfe)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission opens investigation into possible anticompetitive practices by Renfe in online rail ticketing* The European Commission has opened a formal investigation to assess whether Renfe may have abused its dominant position in the Spanish passenger rail transport market by (...)

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)
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1485 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 (...)

The Italian Competition Authority market-tests commitments proposed by a Big Tech search engine to close an abuse of dominance investigation over claims that the firm obstructed interoperability of users’ personal data (Google)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6794 visits
On March 21, 2023, the Italian Competition Authority (AGCM or “ ICA”) published for market testing a set of commitments proposed by Google LLC (“Google”) to close an investigation for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) and the (...)

The US Court of Appeal of the 9th Circuit partially upholds the district court’s judgment regarding a Big Tech company’s prohibition of third-party app stores and in-app-payment systems from operating on its proprietary iOS platform (Epic Games / Apple)
International Center for Law & Economics (Portland)
États-Unis 3 contributions 683 visites
Untangling the 9th Circuit’s Ruling in Epic Games v Apple* The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and (...)

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52584 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25375 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22751 visits
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Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Italian Competition Authority orders a social media giant to resume negotiations with a copyright-collecting organisation following an investigation over an alleged abuse of economic dependence in the licensing of music rights on social media platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italy 68 contributions 18258 visits
A559- - Antitrust: the ICA orders Meta to resume negotiations with SIAE. Musical works available again on Facebook e Instagram* The Authority adopts interim measures concerning the alleged abuse of economic dependence by Mark Zuckerberg’s group, which will also have to provide all (...)

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)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5183 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 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 (...)

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)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 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 (...)

The UK Competition Authority opens consultation on the commitments offered by a Big Tech app store owner to allow app developers to use alternative payment options for in-app purchases (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
App developers on Google Play store offered payment choices following CMA probe* Google has said it will allow developers to use alternative payment options after CMA investigation into its control over Google Play in-app purchases. The Competition and Markets Authority (CMA) is consulting (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia / NTV)
Municipality of Cagliari
166 contributions 132865 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The Italian Competition Authority accepts the commitments offered by the national rail incumbent over its proposed grant of data access to a rival high-speed rail services provider for the purposes of selling combined tickets (Trenitalia / NTV)
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1501 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5183 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 visits
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On 18 April 2023, the Italian Competition Authority (“ICA”) accepted commitments offered by the Italian national rail incumbent, Trenitalia S.p.A. (“Trenitalia”), whereby Trenitalia will grant Italo – Nuovo Trasporto Viaggiatori (“NTV”), its competitor in high-speed rail transport services, (...)

The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Nine Additional States Join Justice Department’s Suit Against Google for Monopolizing Digital Advertising Technologies* The Attorneys General of Arizona, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Washington and West Virginia today joined a civil antitrust (...)

The Argentinian Competition Authority notes that the National Court of Appeals for Federal Civil and Commercial Matters confirms a fine and ratifies the measures recommended by the Authority against a beer producer (Cervecería y Maltería Quilmes) New
Argentinian Competition Authority - CNDC (Buenos Aires)
Argentina 13 contributions 213 visits
Justice confirms a fine of 150 million pesos against Quilmes and ratifies the measures recommended by the CNDC* The Federal Court of Appeals in Federal Civil and Commercial Matters, by dismissing the appeal of Cervecería y Maltería Quilmes, ratified all the measures aimed at reestablishing (...)

The Japanese FTC cautions an investment bank for potentially abusing its superior bargaining position by pushing startups to accept underpriced initial public offerings (Mizuho Securities)
Japan Fair Trade Commission (Tokyo)
Japan 132 contributions 23782 visits
The JFTC Issued a Caution to Mizuho Securities Co., Ltd.* The Japan Fair Trade Commission (JFTC) today issued a caution to Mizuho Securities Co., Ltd. (Mizuho). In this case, Mizuho’s conduct may lead to violation of prohibition of the Article 19(falling under the Item 5, Paragraph 9, (...)

The Belgian Supreme Court departs from its own caselaw and confirms the arbitrability of exclusive distribution agreements in landmark judgments (Thibelo / Stölzle-Oberglas)
Van Bael & Bellis (Brussels)
Belgique 56 contributions 24584 visites
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Van Bael & Bellis (Brussels)
Belgique 1 contribution 140 visites
On 7 April 2023, the Belgian Supreme Court held that the Belgian rules on the unilateral termination of exclusive distribution agreements of indefinite duration, as contained in Articles X.35 through X.40 of the Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique – (...)

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
166 contributions 132865 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 UK Competition Authority finds that a telecom operates as a monopoly in the market for emergency services’ mobile radio network and imposes a price cap on the amount it can charge emergency service providers (Motorola / Airwave Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
Price cap on Airwave Network “only option” to reduce cost to emergency services* The CMA will restrict how much Motorola can charge the emergency services to use the Airwave Network. CMA’s decision places limit on how much Motorola can charge the emergency services to use the Airwave Network (...)

The German Competition Authority holds that a Big Tech company is an undertaking of paramount significance for competition across markets and consequently, is subject to the provisions for large digital companies under the Competition Act (Apple)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Apple also subject to provisions for large digital companies under Section 19a GWB* Bonn, 5 April 2023: The Bundeskartellamt decided that Apple Inc. based in Cupertino, USA, is an undertaking of paramount significance for competition across markets. Apple and its subsidiaries are thus (...)

The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft)
Morgan Lewis (London)
United Kingdom 1 contribution 74 visits
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Morgan Lewis (London)
United States 13 contributions 5605 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9843 visits
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The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)

The Italian Competition Authority investigates a Big Tech company over an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Municipality of Cagliari
166 contributions 132865 visits
Relying on the recently enlarged notion of abuse of economic dependence on digital markets, the Italian Competition Authority (ICA) has opened an in-depth investigation against the Meta group in the Meta v SIAE case (See Autorità Garante della Concorrenza e del Mercato (Italian Competition (...)

The Italian Competition Authority commences investigation over an alleged abuse of economic dependence by a Big Tech firm in the licensing of the use of music rights on its platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italy 68 contributions 18258 visits
A559 - ICA: probe started for abuse of economic dependence by Meta towards SIAE* According to the Authority, Mark Zuckerberg’s company could have unduly interrupted the negotiations for licensing the use, on its platforms, of musical rights thus abusing of SIAE’s economic dependence. At the (...)

The US DoJ files a civil suit against a leading video game developer and publisher for imposing rules that limited competition for players and suppressing the wages of esports players in the professional esports leagues in violation of the Sherman Act (Activision Blizzard)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Justice Department Files Lawsuit and Proposed Consent Decree to Prohibit Activision Blizzard from Suppressing Esports Player Compensation* Decree Provisions Would Ensure that Activision Blizzard Cannot Impose Any Salary Cap, Luxury Tax, or Other Rule that Limits Compensation for Players in (...)

Mergers

 The New Zealand Competition Authority grants clearance for the proposed acquisition of a pet food producer by a supermarket (Woolworths / PETstock)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Woolworths cleared to acquire PETstock* The Commerce Commission has granted clearance for Woolworths Group Limited to acquire 55% of the shares in PETstock Pty Ltd. In reaching its decision, the Commission considered the potential impact of the proposed acquisition on competition in the (...)

The US FTC welcomes the termination of an attempted cement producer acquisition by a competitor in California (CalPortland / Martin Marietta Materials)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
Statement Regarding the Termination of CalPortland Company’s Attempted Acquisition of Assets Owned by Rival Cement Producer Martin Marietta Materials, Inc.* In response to the announcement that cement producer CalPortland Company has terminated its proposed $350 million acquisition of assets (...)

The German Competition Authority approves a joint project of several operators of natural gas pipelines to set up a hydrogen network infrastructure (Get H2)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Get H2 hydrogen cooperation given the green light* Bonn, 27 April 2023: The Bundeskartellamt currently has no competition law concerns about the cooperation in the context of the Get H2 project of several operators of natural gas pipelines to set up a hydrogen network infrastructure. With (...)

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)
Hogan Lovells (London)
Royaume-Uni 7 contributions 906 visites
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Hogan Lovells (London)
Royaume-Uni 5 contributions 1899 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 88 visites
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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 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)
White & Case (Düsseldorf)
Germany 36 contributions 14313 visits
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White & Case (Brussels)
Belgium 35 contributions 13095 visits
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White & Case (Brussels)
Belgique 4 contributions 759 visites
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 (...)

The UK Competition Authority rejects the proposed commitments of a Big Tech company and blocks its proposed acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
Microsoft / Activision deal prevented to protect innovation and choice in cloud gaming* The CMA has prevented Microsoft’s proposed purchase of Activision over concerns the deal would alter the future of the fast-growing cloud gaming market, leading to reduced innovation and less choice for (...)

The UK Competition Authority blocks the proposed acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
McDermott Will & Emery (Brussels)
Belgium 22 contributions 4741 visits
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McDermott Will & Emery (Dusseldorf)
Germany 14 contributions 5149 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 Cypriot Competition Authority receives notification of the proposed acquisition of a 5-star grand resort by a hotel group (Hawaii Hotels / Fattal Hotel Group)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8429 visits
Notification of a concentration regarding the acquisition of the share capital of Hawaii Hotels Limited by Fattal Limassol Limited* The Service of the Commission for the Protection of Competition has received notification of a concentration, according to Section 10 of the Control of (...)

The Brussels Court of Appeal upholds the Competition Authority’s approval of an acquisition in the media and broadcasting sector (DPG media / Rossel & Cie / RTL Belgium / Audiopresse / New Contact / Radio H ...)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22688 visits
Market Court confirms approval for acquisition of RTL Belgium by DPG Media and Rossel* In its judgment of 26 April 2023, the Market Court (section of the Brussels Court of Appeal) upheld the concentration decision of the College of the Belgian Competition Authority (BCA) regarding the (...)

The UK Competition Authority blocks a $68.7B deal to acquire a leading video game publisher (Microsoft / Activision Blizzard)
Van Bael & Bellis (London)
Royaume-Uni 3 contributions 249 visites
On 26 April 2023, the UK Competition and Markets Authority (CMA) blocked Microsoft’s $68.7 billion deal to buy Activision, a leading video games publisher, citing concerns that the deal would distort competition on the nascent cloud gaming market and ultimately lead to reduced innovation and (...)

The Cypriot Competition Authority receives notification of a proposed acquisition of the shares of an American global provider of construction products and technologies from a French-owned SPV (Cyclades / GCP)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8429 visits
Notification of a concentration concerning the acquisition of the share capital of GCP Applied Technologies Inc., from Compagnie de Saint-Gobain S.A., via Cyclades Parent, Inc.* The Service of the Commission for the Protection of Competition has received a notification of a concentration, (...)

The EU Commission publishes a package of measures aimed at simplifying its merger control procedures in order to reduce the workload and costs of mergers
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71613 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17596 visits
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Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6801 visits
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On 20 April 2023 the European Commission published a package of measures aimed at simplifying its merger control procedures under the EU merger Regulation (EUMR). The new measures, which will take effect as of 1 September 2023, aim to streamline and make less burdensome the Commission’s (...)

The EU Commission streamlines merger procedures and leaves scope for further reforms
White & Case (Brussels)
Belgium 17 contributions 10731 visits
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White & Case (Düsseldorf)
Germany 36 contributions 14313 visits
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White & Case (Brussels)
Belgique 3 contributions 373 visites
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The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified procedure, and streamlines the review of simplified cases. It also reduces (...)

The EU Commission adopts a legislative package to further streamline the simplified merger control procedures within the bloc
McDermott Will & Emery (Paris)
France 134 contributions 65703 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4741 visits
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McDermott Will & Emery (Dusseldorf)
Germany 16 contributions 6538 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 Australian Competition Authority accepts a court-enforceable divestiture remedy from a supplier of construction chemicals regarding its proposed acquisition of a rival (Sika / MBCC)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Sika’s proposed acquisition of MBCC Group not opposed, subject to global divestiture* The ACCC will not oppose Sika’s proposed acquisition of MBCC Group, after accepting a court-enforceable undertaking that commits Sika to divest MBCC Group’s entire business in Australia and New Zealand, (...)

The Australian Competition Authority opposes a proposed acquisition in the market for the supply of aviation services to mining and resource industry workers (Qantas / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
ACCC opposes Qantas’ acquisition of Alliance* The ACCC will oppose Qantas Airways’ (ASX: QAN) proposed acquisition of Alliance Aviation Services Ltd (ASX: AQZ). Qantas and Alliance are key suppliers of air transport services to mining and resource companies who need to transport ‘fly-in (...)

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)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22688 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 (...)

The EU Commission adopts a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission further cuts red tape for merging businesses* The European Commission has today adopted a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation. The package includes: (i) a revised Merger Implementing Regulation (...)

The UK Competition Authority provisionally finds that a merger between two of the biggest players in the UK’s hearing implant sector could substantially reduce competition and lead to higher costs for the NHS (Cochlear / Oticon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
Hearing implants deal could mean worse outcomes for patients* CMA provisionally finds hearing implants merger could substantially reduce competition, potentially leading to worse outcomes for patients and higher costs for the NHS. The Competition and Markets Authority (CMA) has (...)

The EU Commission publishes its merger simplification package that is aimed to relieve the merging businesses from the administrative burden and associated costs in transactions which are unlikely to raise competition concerns
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2238 visites
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Kyriakides Georgopoulos (Athens)
Grèce 1 contribution 82 visites
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Kyriakides Georgopoulos
1 contribution 82 visites
New EC Merger Simplification Package: Less burden, more efficiency? On April 20, 2023, the European Commission (“Commission” or “EC”) adopted a new legislative package for further simplification of the merger review process under the EU Merger Regulation (the “2023 Simplification Package”). (...)

The Fijian Competition Authority conditionally approves the acquisition of an energy holding company by a gas company (Origin Energy / Geogas)
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 856 visits
FCCC Grants Conditional Approval for Geogas Pacific’s Acquisition of Origin Energy Holdings * The Fijian Competition and Consumer Commission (FCCC) has granted conditional approval to Geogas Pacific Pty Ltd for its proposed acquisition of Origin Energy Holdings Pty Ltd. The conditions of (...)

The EU Commission adopts a new merger control review rules and procedures
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9360 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 EU Commission adopts Merger Simplification Package which is designed to streamline its procedure under the EU Merger Regulation
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 24 contributions 52811 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 14 contributions 5047 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 2 contributions 117 visites
The European Commission Simplifies Its Merger Control Review Process* On April 20, 2023, the Commission adopted the 2023 Merger Simplification Package (the “2023 Package”) designed to streamline its procedure under the EU Merger Regulation. In particular, the 2023 Package (1) expands the (...)

The EU Commission adopts simplifying, streamlining and optimising EU merger review procedures
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Zepos & Yannopoulos (Athens)
Grèce 1 contribution 73 visites
On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (...)

The Australian Competition Authority re-authorises coordination between two national airlines and their Asian-based joint ventures (Jetstar / Qantas)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
ACCC re-authorises coordination between Jetstar’s Asian brands* The ACCC has decided to grant re-authorisation for five years until 11 May 2028 to Qantas Airways Ltd and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain (...)

The Belgian Competition Authority approves the acquisition of an engineering firm by a construction group (Visser & Smit / Verbraeken)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22688 visits
The Belgian Competition Authority approves the acquisition of sole control of Visser & Smit Hanab NV by Verbraeken Drilling Infra NV* On 19 April 2023, the Belgian Competition Authority (BCA) approved the acquisition of sole control of Visser & Smit Hanab NV (hereinafter “Visser (...)

The Indonesian Competition Authority launches the online notification form which sets out a new set of tests for determining whether, and to what extent, a change of control has occurred in a non majority acquisition New
Baker McKenzie (Jakarta)
Indonésie 2 contributions 72 visites
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Baker McKenzie (Jakarta)
Indonésie 4 contributions 474 visites
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Baker McKenzie (Jakarta)
Indonésie 2 contributions 72 visites
In brief Following its launch in April 2023, the online notification form introduced by KPPU sets out a new set of tests for determining whether, and to what extent, a change of control has occurred in a non majority acquisition. We summarize below these tests to help you understand how KPPU (...)

The Maltese Competition Authority clears a proposed acquisition in the aviation sector (Avia / AirExplore)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 14 contributions 845 visites
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)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 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 (...)

The New Zealand Competition Authority receives a clearance application from a multinational chemical and consumer goods company to acquire an eco-friendly consumer products business (Henkel / Earthwise)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Henkel seeks clearance to acquire the Earthwise brand and business* The Commerce Commission has received a clearance application from Henkel New Zealand Limited (Henkel) to acquire the Earthwise brand and business from Earthwise Group Limited (Earthwise Group). Henkel is a multinational (...)

The Australian Competition Authority outlines recommendations for the proposed national merger law reform
King & Wood Mallesons (Sydney)
Australie 2 contributions 411 visites
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King & Wood Mallesons (Melbourne)
Australie 1 contribution 341 visites
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King & Wood Mallesons (Sydney)
Australie 1 contribution 341 visites
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This alert follows our alerts in August 2021 and March 2023 about the ACCC’s calls for changes to Australia’s current merger clearance laws and processes. The Chair of the ACCC, Gina Cass-Gottlieb, today outlined the recommendations that it has made to Treasury in relation to these reforms. (...)

The Australian Competition Authority announces significant proposed reforms to national merger laws
White & Case (Sydney)
Australie 4 contributions 1037 visites
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White & Case (Sydney)
Australie 3 contributions 986 visites
Competition law in Australia continues to evolve. Through an address to the National Press Club, (Gina Cass-Gottlieb, ACCC Chair, addressed the National Press Club on the role of the ACCC and competition in a transitioning economy on Wednesday 12 April 2023) the Chair of the Australian (...)

The Australian Competition Authority Chair announces that the proposed merger law reform is critical for national economic transition
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Reform of merger laws critical for Australia’s economic transition* Australia’s merger laws are no longer fit for purpose and tilted too much towards allowing potentially anti-competitive mergers to proceed, ACCC Chair Gina Cass-Gottlieb said today. In a speech to the National Press Club (...)

The EU Commission sends a statement of objections to a hardware manufacturer regarding its proposed acquisition of a software provider over fears that permitting the deal would restrict competition (VMware / Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission sends Broadcom Statement of Objections over proposed acquisition of VMware* The European Commission has informed Broadcom of its preliminary view that its proposed acquisition of VMware may restrict competition in the market for certain hardware components which (...)

The Australian Competition Authority refines its proposals for reforming the national merger regime
King & Wood Mallesons (Melbourne)
Australie 3 contributions 133 visites
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King & Wood Mallesons (Melbourne)
Australie 2 contributions 63 visites
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Slaughter and May (London)
Royaume-Uni 2 contributions 63 visites
While the ACCC continues to believe that Australia’s current merger laws aren’t fit for purpose, it appears to have refined its thinking on aspects of the proposals first unveiled in August 2021, following comments made by ACCC Commissioner Stephen Ridgeway during a keynote discussion at the (...)

The Australian Competition Authority continues its advocacy for a mandatory merger notification regime
King & Wood Mallesons (Melbourne)
Australie 3 contributions 133 visites
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King & Wood Mallesons (Sydney)
Australie 2 contributions 411 visites
While the ACCC continues to believe that Australia’s current merger laws aren’t fit for purpose, it appears to have refined its thinking on aspects of the proposals first unveiled in August 2021, following comments made by ACCC Commissioner Stephen Ridgeway during a keynote discussion at the (...)

The Australian Competition Authority provides important new details on the proposed shake-up of Australia’s merger control laws
Ashurst (Brisbane)
Australie 5 contributions 573 visites
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Ashurst (Sydney)
Australie 9 contributions 2867 visites
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Ashurst (Sydney)
Australie 5 contributions 490 visites
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The ACCC continues to push for Australia to join the ’mandatory and suspensory’ merger control club, in common with the majority of other jurisdictions around the world What you need to know On 12 April 2023, the ACCC Chair, Gina Cass-Gottlieb, provided important new details about the ACCC’s (...)

The US FTC seeks a Federal Court order to prevent the consummation of a potential merger of rival mortgage loan technology providers (Intercontinental Exchange / Black Knight)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
FTC Staff Seeks Court Order Preventing ICE from Consummating its Acquisition of Rival Black Knight Pending Agency Administrative Challenge* The staff of the Federal Trade Commission asked a federal court to issue a temporary restraining order (TRO) and preliminary injunction (PI) to prevent (...)

The Maltese Competition Authority clears the acquisition of a domestic meat processing company by an Irish meat processing firm (Kildare Chilling / Dawn Meats)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 14 contributions 845 visites
COMP-MCCAA/5/2023 -— Acquisition of Kildare Chilling Company Unlimited Company by Dawn Meats Ireland Unlimited Company * 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 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)
Jones Day (Beijing)
Chine 3 contributions 261 visites
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Jones Day (Shanghai)
China 51 contributions 23636 visits
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Jones Day (Beijing)
Chine 3 contributions 163 visites
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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 (...)

The New Zealand Competition Authority reviews the bid by a foreign-owned food supply company to acquire a 100% stake in a major player in the catering and hospitality industry (Reward / Southern Hospitality)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Reward seeks clearance to acquire Southern Hospitality* The Commerce Commission has received a clearance application from Reward Supply Co Pty Limited (Reward) to acquire 100% of the shares in Southern Hospitality Limited (Southern Hospitality). Reward is an Australian company that (...)

The Romanian Competition Authority reviews the takeover of three wine production and marketing companies by an alcoholic beverage producer (Zarea / Domeniile / Vitis / Societatea)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27585 visits
COMPETITION COUNCIL ASSESSES THE TAKEOVER OF SEVERAL COMPANIES BY ZAREA* The Competition Council assessesthe transaction by which Zarea S.A. will take over Domeniile Dealu Mare S.R.L., Vitis Prod S.R.L. and some assets of Societatea de Promovare a Vinului S.R.L. Thus, Zarea will take over (...)

The Portuguese Competition Authority opens an in-depth investigation into the merger of two telecoms (Vodafone / Nowo)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28716 visits
AdC opens in-depth investigation into acquisition of Nowo by Vodafone* The Portuguese Competition Authority (AdC) has decided to open an in-depth investigation into the merger involving the acquisition by Vodafone Portugal, S.A. (Vodafone) of sole control over Cabonitel, S.A., whose only (...)

The EU Commission refers a takeover transaction involving French and British sports equipment distributors to the French Competition Authority (GO Sport / Sports Direct)
French Competition Authority (Paris)
France 739 contributions 394063 visits
European Commission refers review of takeover of GO Sport assets proposed by British group Frasers subsidiary Sportsdirect.com to the Autorité de la concurrence On April 5 2023, the European Commission (EC) referred the review of the acquisition of sole control of GO Sport assets proposed by (...)

The New Zealand Competition Authority conditionally approves the acquisition of a company in the market for the development and supply of chemical admixtures and construction materials (Sika / MBCC)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Sika cleared to acquire MBCC Group subject to divestment* The Commerce Commission has granted clearance for Sika AG to acquire the MBCC Group subject to divesting certain assets of MBCC, including the entirety of MBCC’s business in New Zealand (Divestment Undertaking). Both parties (...)

The Australian Competition Authority releases a statement of preliminary views and seeks further comments from stakeholders over a proposed acquisition in the banking industry (ANZ / Suncorp)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
ACCC seeks further views on ANZ’s proposed acquisition of Suncorp Bank* The ACCC has released a statement of preliminary views on ANZ Banking Group’s (ASX:ANZ) proposed acquisition of Suncorp Group’s (ASX:SUN) banking arm. The ACCC’s review so far has been focused on home loans and retail (...)

The EU Commission opens an in-depth investigation into the proposed joint venture between two telecoms in the Spanish market for the retail supply of mobile and fixed broadband services (Orange / MasMovil)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission opens in-depth investigation into the proposed transaction between Orange and MasMovil* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed creation of a joint venture by Orange and MasMovil. The Commission (...)

The Belgian Competition Authority approves the acquisition of several consumer goods retail outlets by a wholesale food and non-food seller (Sligro / Metro Cash & Carry)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22688 visits
The Belgian Competition Authority approves the acquisition by Sligro-MFS Belgium of a number of Metro Cash & Carry outlets* The Competition College of the Belgian Competition Authority (BCA) approved on 3 April 2023 the acquisition by Sligro-MFS Belgium of a number of Metro Cash & (...)

The US FTC opposes a $7.1B acquisition of a cancer detection test maker to address competition concerns in the market for research, development, and commercialisation of cancer tests (Illumina / Grail)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
FTC Orders Illumina to Divest Cancer Detection Test Maker GRAIL to Protect Competition in Life-Saving Technology Market* Commission finds that Illumina’s $7.1 billion vertical acquisition is likely to substantially reduce competition in U.S. market for research, development, and (...)

The Brazilian Competition Authority clears a proposed acquisition in the market for transportation and storage of unheated edible oils (Cattalini Terminais / União Vopak)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18104 visits
CADE approves the sale of properties from União Vopak to Cattalini Terminais Marítimos* The Administrative Council for Economic Defense (CADE) approved the acquisition by Cattalini Terminais Marítimos of a storage terminal (Terminal II), a car park, and 18 lots held by União Vopak Armazéns (...)

The US FTC unanimously votes to overturn its initial decision and orders a biotechnology company to divest the controlling stake in a rival that it had purchased (Illumina / Grail)
Bona Law (Detroit)
United States 25 contributions 5554 visits
Latest Step on Twisty Illumina/Grail Antitrust Merger Challenge Road* The twists and turns of the various antitrust challenges to the proposed Illumina/Grail merger have provided antitrust practitioners numerous lessons the last two years. This week, the FTC commissioners unanimously voted (...)

State Aid

 The EU Commission approves a €7.4B French measure to support the construction and operation of a microchips manufacturing facility (STMicroelectronics / GlobalFoundries)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves French measure to support STMicroelectronics and GlobalFoundries to set up new microchips plant* The European Commission has approved, under EU State aid rules, a French aid measure to support STMicroelectronics (‘ST’) and GlobalFoundries (‘GF’) in the (...)

The EU Commission approves the prolonged and amended Spanish and Portuguese measure to lower electricity prices in the Iberian market amid the ongoing energy crisis
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves prolonged and amended Spanish and Portuguese measure to lower electricity prices amid energy crisis* The European Commission has approved, under State aid rules, the prolongation and amendments of a Spanish and Portuguese measure aimed at reducing the wholesale (...)

The EU Commission opens an in-depth investigation into Romanian support measures in favour of an airline (Blue Air)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission opens in-depth investigation into Romanian support measures in favour of Blue Air* The European Commission has opened an in-depth investigation to assess whether certain Romanian support measures in favour of the airline Blue Air Aviation (‘Blue Air’) are in line with (...)

The EU Commission approves €1.4B Dutch scheme to support energy-intensive companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €1.4 billion Dutch scheme to support energy-intensive companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.4 billion Dutch scheme to support energy-intensive small and medium-sized enterprises (‘SMEs’) facing (...)

The EU Commission approves €1B Hungarian scheme to support companies facing increased energy costs in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €1 billion Hungarian scheme to support companies facing increased energy costs in the context of Russia’s war against Ukraine* The European Commission has approved a €1 billion (approximately HUF 379 billion) Hungarian scheme to support companies facing (...)

The EU Commission approves €158M Polish measure to support a petroleum company’s special purpose vehicle in the production of renewable hydrogen to support green transition (PKN Orlen / Lotos)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €158 million Polish measure to support LOTOS Green H2 in the production of renewable hydrogen* The European Commission has approved, under EU State aid rules, a €158 million Polish measure to support LOTOS Green H2 sp. z o.o, a special purpose vehicle (...)

The EU Commission updates guidance for measures to support the green transition
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission updates guidance for measures to support the green transition* The European Commission has published today updated State aid guiding templates to assist Member States in designing measures, which will be included in their national Recovery and Resilience Plans (‘RRPs’), (...)

The EU Commission approves €450M Italian scheme to support the production of renewable hydrogen to foster the transition to a net-zero economy
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €450 million Italian scheme to support the production of renewable hydrogen to foster the transition to a net-zero economy* The European Commission has approved a €450 million Italian scheme to support the production of renewable hydrogen with the aim to foster (...)

Procedures

 The Dutch Supreme Court announces its intention to refer preliminary questions to the EU Court of Justice on whether a follow-on damages claimant can use a parent company that is not addressed in the Competition Authority’s fining decision as an anchor defendant for jurisdiction under the Brussels Ibis Regulation (Macedonian Thrace Brewery / Heineken)
Lindenbaum (Amsterdam)
1 contribution 82 visites
MTB/Heineken and the Liability of the Undertaking: Another Round* Introduction The MTB/Heineken case concerns the question of whether a claimant in EU antitrust follow-on damages proceedings can use a parent company that is not addressed in an authority’s fining decision as an anchor (...)

The US Supreme Court holds that structural constitutional agency challenges can proceed in Federal District Court (Axon / FTC)
Covington & Burling (Washington)
United States 19 contributions 12004 visits
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Covington & Burling (Washington)
États-Unis 2 contributions 926 visites
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Covington & Burling (Washington)
États-Unis 1 contribution 86 visites
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The U.S. Supreme Court announced its decision in the consolidated cases of Axon Enterprise, Inc. v. FTC and SEC v. Cochran on Friday, April 14, 2023, holding that “the review schemes in the Exchange Act and FTC Act do not displace district court jurisdiction” over petitioners’ “far-reaching (...)

The US Supreme Court rules that a constitutional challenge of a government agency’s administrative enforcement may proceed at a Federal Court before the final determination of the administrative tribunal (Axon / FTC)
1 contribution 62 visites
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Baker McKenzie (Washington)
États-Unis 3 contributions 249 visites
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Baker McKenzie (Washington)
États-Unis 3 contributions 190 visites
In brief On 14 April 2023, the United States Supreme Court issued its opinion in Axon Enterprise, Inc. v. Federal Trade Commission et al., and unanimously held that a litigant challenging the constitutionality of an agency administrative enforcement action need not await the outcome of that (...)

The US Supreme Court delivers a unanimous ruling allowing parties to constitutionally challenge the FTC’s proceedings in Federal Courts without first litigating them before the administrative tribunals (Axon / FTC)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 7 contributions 3340 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 1 contribution 329 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 329 visites
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The Supreme Court has made it easier to challenge the constitutionality of administrative tribunals housed at federal agencies. On April 14, 2023, the Court unanimously held in Axon Enterprise, Inc. v. Federal Trade Commission that parties subject to enforcement actions before such in-house (...)

The US Supreme Court gives a unanimous ruling which endorses early challenge to the FTC proceedings in Federal Courts (Axon / FTC)
Shearman & Sterling (Washington)
États-Unis 18 contributions 5022 visites
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Shearman & Sterling (Washington)
États-Unis 23 contributions 12762 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 5 contributions 2441 visites
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On Friday, the Supreme Court held, 9-0, that two plaintiffs—Ms. Cochran and Axon Technologies—could bring their constitutional challenges against the SEC and the FTC directly in federal court, bypassing a statutorily created administrative process through which the agencies had asserted claims (...)

The US Supreme Court delivers a ruling to allow early constitutional challenges to the FTC’s administrative proceedings in Federal Courts (Axon / FTC)
Morgan Lewis (Boston)
États-Unis 1 contribution 69 visites
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Morgan Lewis (Boston)
États-Unis 1 contribution 69 visites
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Morgan Lewis (New York)
États-Unis 1 contribution 69 visites
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In Axon Enterprise Inc. v. Federal Trade Commission, the US Supreme Court on April 14 unanimously decided that a party may bring constitutional challenges to the US Securities and Exchange Commission’s (SEC’s or Commission’s) use of administrative law judges (ALJs) in its “in-house” (...)

Regulatory

 The EU Commission publishes its long-awaited draft regulation on a new framework for standard essential patents
Roschier (Stockholm)
Sweden 4 contributions 405 visits
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Van Bael & Bellis (Brussels)
Belgique 28 contributions 5329 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52584 visites
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 (...)

The EU Commission proposes a new framework for the licensing of standard essential patents
Peter Camesasca Advocaat
Belgium 34 contributions 13058 visits
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Covington & Burling (Frankfurt)
Allemagne 7 contributions 2766 visites
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Covington & Burling (Frankfurt)
Allemagne 2 contributions 170 visites
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 (...)

The UK Government publishes updated market guidance
Clifford Chance (London)
Royaume-Uni 5 contributions 1152 visites
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Clifford Chance (London)
Royaume-Uni 4 contributions 282 visites
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") (...)

The EU Commission publishes its draft regulation on standard essential patents with the aim to provide more transparency and predictability in this area
Peter Camesasca Advocaat
Belgium 34 contributions 13058 visits
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Covington & Burling (Frankfurt)
Allemagne 7 contributions 2766 visites
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 the updated Market Guidance to provide for more transparency and certainty in the National Security and Investment regime
Herbert Smith Freehills (London)
Royaume-Uni 24 contributions 8235 visites
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 57 visites
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Herbert Smith Freehills (London)
Royaume-Uni 14 contributions 4199 visites
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 a draft of its proposed new regulation on SEPs which seeks to harmonise European patent rules and ease the regulatory burden on SMEs
Portolano Cavallo (Milan)
Italie 2 contributions 128 visites
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Portolano Cavallo (Milan)
Italie 10 contributions 814 visites
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Portolano Cavallo (Milan)
Italie 36 contributions 6793 visites
On April 27, 2023, the European Commission published its revised draft “Proposal for a regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001” (“SEP Draft Proposal”—more information and text available here). The SEP Draft (...)

The EU Commission publishes a draft of its proposed new regulation on standard essential patents which seeks to address information asymmetries and ease the regulatory burden on SMEs
European University Institute (Florence)
Italie 1 contribution 49 visites
On 27 April, about a month after an unofficial leaked version, the European Commission published the highly-contentious Standard Essential Patents (SEPs) Regulation Proposal. The Proposal aims to facilitate SEP licensing by increasing transparency over SEPs, reducing information asymmetries (...)

The UK Government introduces the Digital Markets, Competition and Consumers Bill to revamp the merger control regime for the digital age
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26040 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 24 contributions 6437 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31652 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 UK Parliament publishes the Digital Markets, Competition and Consumers Bill to oversee and enforce an updated regulatory regime for the digital markets
Dechert (London)
United Kingdom 6 contributions 2073 visits
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Dechert (London)
United Kingdom 9 contributions 3306 visits
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Dechert (London)
Royaume-Uni 1 contribution 75 visites
Key Takeaways The UK’s long-awaited Digital Markets, Competition and Consumers Bill, published this week, brings in a new antitrust regime for Big Tech in the UK. The Bill provides statutory footing and powers for a new body, the Digital Markets Unit (“DMU”), to oversee and enforce the new (...)

The UK Government introduces the highly anticipated Digital Markets, Competition and Consumers Bill which creates a new ex-ante regime for digital markets
Morgan Lewis (London)
Royaume-Uni 26 contributions 9843 visites
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 UK Competition Authority welcomes a draft piece of legislation which enhances the ability of the Competition Authority to stamp out unfair practices and promote competition in digital markets
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
New bill to stamp out unfair practices and promote competition in digital markets* The CMA welcomes draft legislation enhancing its ability to promote competition and protect consumers, including new powers for its Digital Markets Unit. The Digital Markets, Competition and Consumers (DMCC) (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech
Ashurst (London)
United Kingdom 34 contributions 16788 visits
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Ashurst (London)
United Kingdom 8 contributions 3286 visits
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Ashurst (London)
United Kingdom 13 contributions 3937 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The UK Competition Authority reiterates its commitment to promote effective competition in digital markets following the introduction of the Digital Markets, Competition and Consumers Bill to the Parliament
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Ensuring effective competition in digital markets, for people, businesses and the economy* A statement on mergers and digital markets from Marcus Bokkerink, Chair, and Sarah Cardell, CEO, CMA. The CMA’s purpose is to help people, businesses and the UK economy by promoting competitive (...)

The UK Government proposes to hand the Competition Authority new broad powers to boost competition in digital markets
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26040 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 24 contributions 6437 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31652 visits
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On April 25, 2023, the UK Government published its long-awaited Digital Markets, Competition and Consumers Bill (Bill) which, among other things, introduces a new ex ante regulatory regime for digital markets. The Bill largely follows the Spring 2022 proposals made in the government’s (...)

The UK Government publishes the long-awaited draft Digital Markets, Competition and Consumers Bill which introduces a broad range of reforms in respect of competition and consumer law
Hogan Lovells (London)
Royaume-Uni 7 contributions 906 visites
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Hogan Lovells (London)
Royaume-Uni 14 contributions 4488 visites
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Hogan Lovells (London)
Royaume-Uni 4 contributions 359 visites
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On 25 April 2023, the UK Government published the long-awaited draft Digital Markets, Competition and Consumers Bill (the “Bill”). The Bill will introduce a broad range of reforms (including in respect of competition and consumer law). In relation to digital markets, the Bill fleshes out a (...)

The UK Government introduces a Bill before Parliament which would hand new powers to the Competition Authority to regulate digital markets
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3522 visits
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Herbert Smith Freehills (London)
Royaume-Uni 24 contributions 8235 visites
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The Digital Markets, Competition and Consumer Bill (DMCC Bill) has now been published and introduced before Parliament. This Bill is long awaited, having been delayed by parliamentary priorities and timing considerations. Its scope and implications are wide-ranging, and follow on both from a (...)

The UK Government introduces a new bill to ramp up regulation and enforcement in digital markets
Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 917 visits
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 6 contributions 5715 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 2 contributions 108 visites
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After months of waiting, the UK government has now introduced into Parliament the text of the hotly anticipated Digital Markets, Competition and Consumers Bill (the Bill). Sarah Cardell, CEO of the UK Competition and Markets Authority (CMA), has described this as a “flagship bill” which has (...)

The UK Government publishes a flagship draft bill to increase antitrust scrutiny of digital markets
Hogan Lovells (London)
Royaume-Uni 5 contributions 1899 visites
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Hogan Lovells (London)
Royaume-Uni 7 contributions 906 visites
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Hogan Lovells (London)
Royaume-Uni 14 contributions 4488 visites
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On 25 April 2023, the Government published the long-anticipated draft Digital Markets, Competition and Consumers Bill (the Bill), consolidating the results of two consultations launched in July 2021. If enacted, the Bill will introduce a broad range of competition and consumer law reforms, as (...)

The UK Government publishes a landmark Bill to introduce the digital markets regulatory regime and competition law reforms
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 12 contributions 2757 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21328 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 5 contributions 2090 visites
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UK Government Publishes Landmark Bill Introducing Digital Markets Regulatory Regime and Competition and Consumer Law Reforms* The UK Government has published its long-awaited Digital Markets, Competition and Consumer Bill, including a wide-ranging and far-reaching set of reforms to UK (...)

The EU Commission extends the Motor Vehicle Block Exemption Regulation for five years and updates the Supplementary Guidelines for the vehicle industry
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission prolongs Motor Vehicle Block Exemption Regulation and updates the Supplementary Guidelines* The European Commission has prolonged the Motor Vehicle Block Exemption Regulation (‘MVBER’) for five years, meaning that it will now be applicable until 31 May 2028. It has also (...)

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
Van Bael & Bellis (Brussels)
Belgique 10 contributions 1954 visites
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Van Bael & Bellis (Brussels)
Belgique 173 contributions 56454 visites
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 (...)

The EU Commission launches a public consultation on the implementation of the Technology Transfer Block Exemption Regulation
Van Bael & Bellis (Brussels)
Belgique 28 contributions 5329 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52584 visites
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 German Federal Ministries of Finance and Justice publish a draft bill on the financing of future-proof investments
Freshfields Bruckhaus Deringer (Frankfurt am Main)
Allemagne 1 contribution 68 visites
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Freshfields Bruckhaus Deringer (Frankfurt am Main)
Allemagne 1 contribution 68 visites
Today, the German Federal Ministry of Finance and the Federal Ministry of Justice published the draft for a so-called German Future Financing Act (Zukunftsfinanzierungsgesetz, the "Draft Act"). The overarching ambition of the Draft Act is to improve the attractiveness of the German capital (...)

The Indian Government reforms its competition regime following the enactment of the Competition Amendment Act 2023
Talwar, Thakore & Associates (New Delhi)
Inde 13 contributions 7320 visites
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Talwar, Thakore & Associates (New Delhi)
Inde 2 contributions 418 visites
The Competition (Amendment) Bill, 2023 (Amendment) was recently approved by both houses of Parliament in India and thereafter received the assent of the President to become the Competition (Amendment) Act, 2023. It introduces significant substantive as well as procedural changes to Indian (...)

The German Government adopts a draft bill on the 11th Amendment to the German Competition Act, which introduces new far-reaching interventional powers for the Competition Authority
Morgan Lewis (Frankfurt)
Allemagne 8 contributions 2901 visites
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Morgan Lewis (Munich)
1 contribution 64 visites
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Morgan Lewis (Frankfurt)
Allemagne 1 contribution 64 visites
The German government on 5 April 2023 adopted a draft bill on the 11th Amendment to the German Competition Act, which introduces, under certain circumstances, new far-reaching interventional powers for the German Federal Cartel Office. The revision in this respect is specifically aimed at (...)

The Dutch Competition Authority concludes the follow-up investigation into the competition problems caused by barriers to switch cloud services, following its finding that the European Data Act addresses these concerns
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
European Data Act to make it easier to switch cloud services* The new European rules regarding IT services in ‘clouds’ are needed for making the market for business cloud services more competitive. This has been one of the main conclusions of the Netherlands Authority for Consumers and (...)

The Fijian Competition Authority intensifies its efforts against businesses that sell LPG above the price cap
Fijian Competition & Consumer Commission - FCCC (Suva)
Fidji 12 contributions 856 visites
TRADERS FOUND BREACHING THE AUTHORIZED LPG PRICE * Following the latest release of the new fuel authorisation issued by Fijian Competition & Consumer Commission (FCCC), a total of 185 inspections were conducted on Saturday, 1 April 2023, in most parts of Fiji. During the inspections it (...)