December 2021

General antitrust

 The Japanese FTC and Government release guidelines for business collaboration with and investment in startups
White & Case (Tokyo)
Japan 21 contributions 3367 visits
,
White & Case (Tokyo)
Japan 20 contributions 3273 visits
,
White & Case (Tokyo)
Japan 21 contributions 3367 visits
On December 23, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups and Investment in Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair (...)

The Hungarian Competition Authority publishes findings from sector inquiry into the market for wood construction materials and concludes significant import exposure and non-transparent pricing on the construction wood market
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
Significant import exposure and non-transparent pricing on the construction wood market* 22 December 2021, Budapest – The Hungarian Competition Authority (GVH) launched an accelerated sector inquiry on 19 October in order to explore the processes on the domestic market of wooden construction (...)

The German Competition Authority publishes the report on its sector inquiry into the collection of domestic waste
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Decreasing competition in the collection and transport of domestic waste* The Bundeskartellamt has today published the report on its sector inquiry into the collection of domestic waste. The sector inquiry dealt with the collection and transport (1.) of packaging waste from private (...)

The Hellenic Competition Authority publishes its annual report for the year 2020
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
The HCC’s Annual Report for the year 2020 Subject: The HCC’s Annual Report for the year 2020 The Hellenic Competition Commission’s Annual Report for the year 2020, presents the Commission’s work and actions for an extremely demanding year marked by the onset of the pandemic. From the (...)

The Croatian Competition Authority and the national regulator for network industries re-sign a cooperation agreement undertaking to focus particularly on telecommunications, postal and railway services and digital markets
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19371 visits
Hakom and CCA re-sign the cooperation agreement* With the view to facilitating the cooperation in the area of competition policy, particularly in the area of telecommunications, postal and railway services and digital markets, the president of the Competition Council Mirta Kapural, PhD and (...)

The Swedish Competition Authority decides that the National Courts Administration offered an illegal direct award to a construction firm to build a new court (Swedish Courts Administration)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
Collaboration with real estate company was illegal direct award* It was an illegal direct award of contract when the Swedish National Courts Administration entered into a collaboration with a real estate company regarding the construction of a new court building in Jönköping, for later (...)

The EU Parliament and Council adopt amendments to the Commission’s proposal for negotiating the final text of the Digital Markets Act
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 visits
On 15 December 2021, the European Parliament (“Parliament”) adopted its position for negotiating the final text of the so-called Digital Markets Act (Regulation on contestable and fair markets in the digital sector)(“DMA”), shortly after the Council of the European Union (“Council”) had (...)

The US FTC, the DoJ and the EU Commission issue a joint statement on the launch of the EU-US Joint Technology Competition Policy Dialogue
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
Joint Statement from FTC, DOJ Antitrust Division, and European Commission Leadership on Launch of EU-US Joint Technology Competition Policy Dialogue* Leadership of the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the Directorate-General for Competition (...)

The Hungarian Competition Authority joins forces with umbrella organisations representing domestic municipalities to tackle anti-competitive behaviour
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
The GVH and the Hungarian Association of Cities with County Rights join forces for fair competition* 7 December 2021, Budapest – The Hungarian Competition Authority (GVH) and the Hungarian Association of Cities with County Rights (MJVSZ) have concluded a cooperation agreement. The GVH and (...)

The Australian Competition Authority releases its latest "Airline Competition in Australia" report which reveals that consumers will benefit from increased competition and cheaper fares on the country’s busiest routes once borders reopen
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Consumers to benefit from increased competition on busiest airline routes* Millions of Australians are set to benefit from increased competition and cheaper airfares on Australia’s busiest routes as state and territory borders reopen and the domestic airline industry prepares for a peak (...)

The EU Commission alongside the US FTC and DoJ launches an EU-US Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in the technology sector
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Competition: EU-US launch Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in technology sector* Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the Assistant (...)

The OECD holds a roundtable on economic analysis and evidence in abuse cases
OECD - Competition Division (Paris)
France 313 contributions 1366886 visits
THE 2021 OECD GLOBAL FORUM ON COMPETITION DISCUSSED ECONOMIC ANALYSIS AND EVIDENCE IN ABUSE CASES The enforcement of laws against the abuse of dominance or monopolisation by firms with substantial market power can involve significant challenges. The theories of harm, rooted in economic (...)

The UK Government launches a call for views on standard essential patents in order to better understand whether the current SEPs framework functions efficiently, supports innovation and strikes the right balance for all entities involved
Van Bael & Bellis (Brussels)
Belgique 28 contributions 5328 visites
On 7 December 2021, the UK’s Intellectual Property Office (“IPO”) launched a call for views on Standard Essential Patents (“SEPs”) in order to better understand whether the current SEPs framework: (i) is functioning efficiently; (ii) supports innovation (particularly in light of the UK (...)

The Romanian Competition Authority directs that price increase announcements by professional associations may infringe competition law
Romanian Competition Council (Bucharest)
Romania 158 contributions 27585 visits
Price increase announcement can infringe the competition law* The Competition Council underlines that each undertaking belonging to a professional association must independently set its commercial policy and the anticipation of a certain price that should be charged may fall under the (...)

The OECD holds a roundtable on trade, development and competition
OECD - Competition Division (Paris)
France 313 contributions 1366886 visits
THE 2021 OECD GLOBAL FORUM ON COMPETITION WILL DISCUSS TRADE, DEVELOPMENT AND COMPETITION Competition can be a powerful force for economic development, growth and productivity. Both competition policy and trade policy can play a role in harnessing competition for these purposes, but the (...)

The Swiss Competition Authority clarifies rules on relative market power
Lenz & Staehelin
1 contribution 164 visits
,
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2471 visits
ComCo clarifies new rules on market power* Introduction In March 2021, Parliament adopted the counterproposal to the so-called "fair price initiative", which in particular provided for a revision of the provisions of the Federal Act on Cartels and other Restraints of Competition (CartA). (...)

The US DOJ and PTO propose limits on standard essential patent market power by requesting courts shift remedies from injunctions to damages
Constantine Cannon (Washington)
États-Unis 4 contributions 1044 visites
Startups Take Note: Feds Propose Limits on Standard-Essential Patent Market Power by Disfavoring Injunctions and Enforcing Non-Discriminatory Commitments The federal government is taking some welcome steps toward restoring the balance between antitrust policy and intellectual property (...)

The Russian Competition Authority signs a cooperation agreement with the Academy of Sciences aiming to exchange knowledge on national competition law
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visits
FAS RUSSIA AND RUSSIAN ACADEMY OF SCIENCES SIGNED A COOPERATION AGREEMENT* The document was signed by the Head of FAS Russia Maxim Shaskolskiy and the President of the Russian Academy of Sciences Alexander Sergeev. The agreement provides for the involvement of the scientific community in (...)

The OECD holds a roundtable on competition issues in news media and digital platforms
OECD - Competition Division (Paris)
France 313 contributions 1366886 visits
The internet represents a great potential for the news industry, and digital platforms increasingly contribute to the online distribution of news content. However, many news publishers largely depend on digital platforms as key sources of traffic, and concerns have emerged regarding terms on (...)

The Italian Competition Authority initiates proceedings against a company for alleged abuse of its dominant position on the Lazio market for the disposal of waste as a result of the unjustified refusal to guarantee access to its landfill site (Viterbo)
Italian Competition Authority (Rome)
Italy 68 contributions 18258 visits
A549 - Italian Competition Authority: proceedings have been started against Viterbo S.r.l.* Given the seriousness of the situation for the waste emergency in the Lazio Region, the Authority has not excluded the use of interim measures The Italian Competition Authority has decided to (...)

The Mexican Competition Authority preliminarily determines lack of effective competition in the distribution of liquified petroleum gas market following a rise of 145% in distributors’ gross profit margins
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
The Investigative Authority preliminarily determines lack of effective competition in the distribution of LP Gas to end users* In its Preliminary Opinion it establishes that there are no competition conditions in 213 geographic markets. In accordance with the process established in the (...)

The OECD holds a roundtable on environmental considerations in competition enforcement
OECD - Competition Division (Paris)
France 313 contributions 1366886 visits
The debate on environmental sustainability and the fight against climate change is moving quickly from more abstract political debates to focused conversations on policy choices and implementation options. The OECD is supporting this trend with its continued effort in exploring how competition (...)

Anticompetitive practices

 The Romanian Competition Authority for the first time opens an investigation into possible anti-competitive behaviour in the labour force market for motor vehicle production
Romanian Competition Council (Bucharest)
Romania 158 contributions 27585 visits
The competition council has opened an investigation on labour force market* The Competition Council has opened, for the first time, an investigation on the possible anticompetitive behaviour of some undertakings on the market of skilled / specialized labour force in the field of motor (...)

The Indian Competition Authority reprimands the national poultry farmers’ association for price fixing and issues a cease and desist order (T. R. Chandran / People for Animals / National Egg Co-ordination Committee)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Samvad Partners (Mumbai)
76 contributions 7121 visites
…
KEY POINTS The knowledge among members that prices have to be followed strictly to avoid adverse action in itself creates an ecosystem where the requirement of strict adherence permeates to each nook and corner. BRIEF FACTS Two separate informations were filed by Mr. T. R. Chandran (“Mr. (...)

The Hellenic Competition Authority issues a settlement decision on the investigation into the ferry connection market of the port of Igoumenitsa with the island of Corfu
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Settlement Procedure: Decision on the ex-officio investigation in the ferry connection market of the port of Igoumenitsa with the island of Corfu (HCC 759/2021) Decision on the ex-officio investigation in the ferry connection market of the port of Igoumenitsa with the island of Corfu, for (...)

The Polish Competition Authority investigates potential bid-rigging and market sharing in the supply of IT systems to the healthcare sector (Asseco Poland / Comarch Healthcare / Bestprojects)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21687 visits
BID-RIGGING? INVESTIGATION AND SEARCHES* Does the supply of hospital information systems violate the competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter, and UOKIK employees, with the consent of the court, have conducted searches at the (...)

The Spanish Competition Authority opens disciplinary proceedings against several companies for bid rigging in tenders for the supply, maintenance and upgrade of military equipment (Hernando Moreno / Casli / Inversiones Certin 5 / Grupo de Ingeniería / Reconstrucción y Recambios JPG / Star Defence Logistics & Engineering)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC opens disciplinary proceedings against several companies for bid rigging relating to military equipment.* The competition authority investigates bid rigging and sharing agreements in tenders called in Spain for the supply, maintenance and upgrade of military equipment. In June and (...)

The Italian Supreme Court holds that legal effects on downstream contracts of an anti-competitive scheme are governed by national law and such contracts cannot be deemed automatically void in their entirety by invoking EU law (Albatel / Intesa Sanpaolo / Bosco)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6794 visits
On December 30, 2021, the Joint Section of the Italian Court of Cassation (which is the last-instance court for civil matters) issued a landmark judgment clarifying the criteria to determine the civil law consequences of “downstream” contracts with respect to an upstream framework (...)

The Hellenic Competition Authority issues infringement decision and imposes fines following investigation of tender for the public infrastructure project in Crete -Gournes-Chersonisos motorway
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Decision No 755/2021 - Ex officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part*” Subject: Decision following the ex-officio investigation in the tender for the public infrastructure project “Northern Road of Crete, (...)

The Spanish High Court quashes the Competition Authority’s fine against a railway company for market sharing, price fixing and exchanging sensitive commercial information in the supply of railway switches (JEZ Sistemas Ferroviarios)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The High Court, by Judgement of 27 December 2021 upheld the appeal filed by JEZ Sistemas Ferroviarios, S.L. (JEZ) against the Decision of the National Markets and Competition Commission (CNMC) of 30 June 2016, INFRAESTRUCTURAS FERROVIARIAS, file S/0519/14 (CNMC Decision). The CNMC Decision (...)

The Dutch Competition Authority orders a Big Tech company to adjust the unreasonable conditions in its app store that forbids dating app providers to choose freely a payment system for purchases made in the apps by consumers (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34909 visits
ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

The Italian Competition Authority imposes fines totaling €10M on four e-commerce businesses for implementing unfair commercial practices during the COVID-19 outbreak (Unieuro / Mediaworld / Leroy Merlin / Monclick)
Italian Competition Authority (Rome)
Italy 68 contributions 18258 visits
ICA: total fines of more than 10 million Euro imposed on Unieuro, Mediaworld, Leroy Merlin and Monclick* The four companies implemented unfair commercial practices in their e-commerce businesses The Italian Competition Authority has closed three proceedings initiated against Unieuro (...)

The Hungarian Competition Authority launches accelerated sector inquiry into the market of COVID-19 rapid tests
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
Accelerated sector inquiry into the market of coronavirus rapid tests* 23 December 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an accelerated sector inquiry into the domestic market for SARS-CoV-2 antibody detection tests since it is likely that the retail price (...)

The Chinese Supreme People’s Court finds no-poach and employee compensation fixing agreements as illegal under the Chinese Anti-Monopoly law (Taizhou Luqiao Jili Motor Vehicle Driving Training Co. / Taizhou Luqiao District Donggang Vehicle Driving Training School)
Cleary Gottlieb Steen & Hamilton (Cologne)
Allemagne 2 contributions 161 visites
,
Cleary Gottlieb Steen & Hamilton (Washington)
France 5 contributions 5431 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 3 contributions 835 visites
I. Introduction Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on agreements between employers not to recruit or solicit each other’s employees—so-called “no poach” agreements. In a recent decision, a court (...)

The Hellenic Competition Authority conducts a sector inquiry into the market for financial technologies, publishes interim report and launches public consultation
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Sector inquiry of the Hellenic Competition Commission in financial technologies (FinTech) - Publication of the Interim Report and launch of a public consultation* Subject: Sector inquiry by the Hellenic Competition Commission in financial technologies (FinTech) - Publication of the Interim (...)

The Australian Competition Authority grants an urgent interim authorisation permitting manufacturers of ‘AdBlue’ diesel exhaust fluid to collaborate on the supply of refined urea
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Industry allowed to collaborate on AdBlue supply arrangements* The ACCC has granted an urgent interim authorisation permitting manufacturers and other industry stakeholders to collaborate on arrangements for the supply of the diesel exhaust fluid, known as ‘AdBlue’ that is used in most (...)

The Spanish Competition Authority opens disciplinary proceedings against several database marketing companies for customer-sharing and price-fixing agreements that could affect the marketing of business information products (Informa D&B / S.M.E / Compañía Española de Seguros de Crédito a la Exportación / Bureau Van Dijk Publicaciones Electrónicas / Moody’s Corporation)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC opens disciplinary proceedings against several database marketing companies* It is investing potential customer-sharing and price-fixing (or discount) agreements relating to certain products. In June, the CNMC and the Autoridade da Concorrência (AdC) carried out on-site inspections (...)

The Chinese Supreme People’s Court holds that a joint venture between 13 driving schools is void for breaching the Anti-Monopoly Law by concluding no-poach and price fixing agreements (Taizhou Luqiao Jili Motor Vehicle Driving Training Co. / Taizhou Luqiao District Donggang Vehicle Driving Training School)
Cleary Gottlieb Steen & Hamilton (Washington)
France 5 contributions 5431 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 3 contributions 835 visites
,
Cleary Gottlieb Steen & Hamilton (Cologne)
Allemagne 2 contributions 161 visites
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. I. Introduction Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on (...)

The Spanish Competition Authority investigates potential anti-competitive practices in the waste treatment and recycling market
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC is investigating potential anti-competitive practices in Spain’s waste treatment and recycling market* It is assessing whether anti-competitive practices and agreements related to Spain’s plastic and metal waste treatment and recycling market exist. Madrid, 21 December 2021.- The (...)

The US FTC approves a final order requiring a State dental licensing agency to stop unreasonably excluding lower-cost online and teledentistry providers from competing (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
FTC Approves Final Order Requiring Alabama Board of Dental Examiners to Stop Unreasonably Excluding Lower Cost Online and Teledentistry Providers from Competing* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Alabama Board (...)

The French Competition Authority opens an investigation into alleged practices in the fuel supply, storage and distribution sector in Corsica
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence has opened an investigation into alleged practices in the fuel supply, storage and distribution sector in Corsica* In decision 21-SO-17 of 15 December 2021, the Autorité de la concurrence opened an investigation into alleged practices in the fuel products (...)

The New Zealand Competition Authority releases a Statement of Issues to a franchisor regarding proposed price agreements with franchisees (Anytime NZ)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Statement of Issues released for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has published a Statement of Issues relating to the application by Anytime NZ Limited (Anytime NZ) for clearance under section 65A of the Commerce Act 1986 for proposed (...)

The New Zealand Competition Authority releases Statement of Preliminary Issues regarding News Publishers’ Association’s application for collective bargaining when members negotiate contracts with Big Tech firms (News Publishers’ Association’s)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Statement of Preliminary Issues released for News Publishers’ Association’s application seeking authorisation for collective bargaining* The Commerce Commission has published a statement of preliminary issues relating to an application from the News Publishers’ Association of New Zealand (...)

The Hellenic Competition Authority launches investigation into the market for retail electricity supply to small consumers (low voltage)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Launch of an ex-officio investigation in the market of retail electricity supply to small consumers (low voltage)* Launch of an ex-officio investigation in the market of retail electricity supply to small consumers (low voltage) The Hellenic Competition Commission (HCC), in follow-up to (...)

The New Zealand Competition Authority initiates proceedings against an alleged freight forwarding cartel (Mondiale / Oceanbridge)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Commission files proceedings against alleged international freight forwarding cartels* The Commerce Commission has filed civil proceedings in the High Court against two international freight forwarding companies, Mondiale Freight Services Limited (Mondiale) and Oceanbridge Shipping Limited (...)

The New Caledonian Competition Authority concludes an investigation into competition in the market for funeral services and offers 15 recommendations to address its concerns
New Caledonia Competition Authority (Noumea)
New Caledonia 26 contributions 2866 visits
In Opinion No. 2021-A-04 of December 20, 2021, the Authority responds to the government’s request for an opinion on the commercial practices inherent in the funeral directors sector in New Caledonia.* The examination of this sectoral opinion request was carried out during the second half of (...)

The Danish Competition Authority fines 22 nightclubs for market sharing agreement (Disco Cartel)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 129 contributions 35770 visits
Nightclubs are fined for market sharing agreement* A large number of nightclubs and their jointly owned purchasing company have agreed not to open nightclubs in each other’s towns or within a radius of 20 kilometres from one another. The nightclubs have accepted to pay fines for infringing (...)

The Portuguese Competition Authority sanctions five supermarkets, an alcoholic drinks manufacturer and two managers for price fixing (Auchan / E. Leclerc / Intermarché / Modelo Continente / Pingo Doce)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28716 visits
AdC sanctions Auchan, E. Leclerc, Intermarché, Modelo Continente, Pingo Doce, a supplier and retailer of alcoholic drinks and two managers for colluding on prices to the detriment of consumersThe decision The AdC (Portuguese Competition Authority) has sanctioned five supermarket chains – (...)

The Lithuanian Competition Authority reduces a fine imposed on four food wholesalers found liable for bid rigging from 75% to 15% (Sanitex / Sotėja /Selnera / Maistulis /Egilėja)
Lithuanian Competition Authority (Vilnius)
Lithuania 104 contributions 20078 visits
Konkurencijos taryba reduces fines for food wholesalers for cooperation and settlement in bid-rigging case* The Lithuanian competition authority Konkurencijos taryba has found that the companies Sanitex, Sotėja, Selnera, Maistulis and Egilėja rigged their bids, including the price, in public (...)

The US District Court for the District of Connecticut indicts a former manager of a major aerospace engineering company and five executives of outsource engineering suppliers for participating in a long-running conspiracy to restrict the hiring and recruiting of employees among their respective companies (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Six Aerospace Executives and Managers Indicted for Leading Roles in Labor Market Conspiracy that Limited Workers’ Mobility and Career Prospects* A federal grand jury in Bridgeport, Connecticut, returned an indictment yesterday charging a former manager of a major aerospace engineering (...)

The UK Competition Authority provisionally finds that a lighting equipment manufacturer has violated competition law by preventing retailers from offering discounts online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
CMA provisionally finds lighting firm illegally banned discounts* The CMA has provisionally found that Dar Lighting Limited has broken competition law by preventing retailers from offering discounts online. The Competition and Markets Authority (CMA) has issued a Statement of Objections to (...)

The Portuguese Competition Authority issues Statement of Objections to four video on demand service providers for agreeing to show 30 seconds of adverts before programming (MEO / Vodafone / Accenture)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28716 visits
AdC issues Statement of Objections to MEO, NOS, Vodafone and Accenture for anticompetitive agreement in pay-TV services* The AdC has issued a Statement of Objections to MEO, NOS, Vodafone and Accenture for restricting competition by agreeing among themselves to insert 30 seconds of (...)

The Hellenic Competition Authority imposes a fine of €111.600 on a company in the waste lubricant oils management for infringement of antitrust law (Eltepe)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
HCC Decision on the imposition of a fine* Subject: HCC Decision on the imposition of a fine on ELTEPE SA (currently ENDIALE SA) for violation of articles 2 of Greek Law 3959/2011 and 102 TFEU* Executive Summary With its Decision No. 741/2021, the Hellenic Competition Commission (HCC) (...)

The Swedish Competition Authority declares that a services agreement between a municipality and a waste management firm was an illegal direct award of contract (Bromölla / Kristianstads Renhållnings)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
Bromölla’s cooperation agreement on services related to waste management was an illegal direct award of contract* The cooperation agreement signed between Bromölla Municipality and Kristianstads Renhållnings AB did not constitute the type of cooperation between contracting authorities that (...)

The Hellenic Competition Authority conducts investigation in the tender for public infrastructure project in Crete - Gournes-Chersonisos motorway
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Decision No 748/2021 - Ex officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part”* Subject: Decision following Article 25a of Law 3959/2011 and the Hellenic Competition Commission (“HCC”) Decision No 704/2020 on the (...)

The EU Commission fines a former ethanol producer €20 million in a cartel settlement (Abengoa)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission fines former ethanol producer Abengoa € 20 million in cartel settlement* The Commission has fined the Spanish company Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together ‘Abengoa’) € 20 million for participating in a cartel concerning the wholesale price (...)

The EU Commission fines a Spanish ethanol producer €20M for participating in a cartel concerning the wholesale price formation mechanism in the EU ethanol market (Abengoa)
Van Bael & Bellis (Brussels)
Belgique 28 contributions 5328 visites
On 10 December 2021, the European Commission issued a press release in which it reported that it had fined Spanish ethanol producer, Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together, “Agengoa”), € 20 million for participating in a cartel concerning the wholesale price (...)

The EU Commission publishes draft guidelines on the application of EU competition law to collective agreements regarding working conditions of solo self-employed persons
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 visits
On 9 December 2021, the European Commission (“Commission”) approved a draft communication containing guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (“Draft Guidelines”). The Draft Guidelines reflect (...)

The Mexican Competition Authority issues warning against collusive practices during the holidays
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
In light of December shopping season, COFECE warns companies to avoid carrying out collusive practices* Establishing prices with competitors is prohibited by the competition law and implies the imposition of both economic and criminal sanctions. Economic agents that participate or have (...)

The French Competition Authority fines a port management company for obstructing the investigation by failing to respond to requests for information (Mayotte Channel Gateway)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence fines the Nel Group from Mayotte for obstructing the investigation* The Autorité today issued a decision in which it fined Mayotte Channel Gateway (MCG), which manages and operates the port of Longoni in Mayotte, and its parent company (Société Nel Import (...)

The Spanish Competition Authority imposes fines totalling €1.5M on several companies for imposing minimum commissions in the real estate brokerage market (Anaconda / Idealista / Inmovilla / Look & Find / MLS / Remax / Witei)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC fines several companies EUR 1.25 million for imposing minimum commissions in the real estate brokerage market.* The companies fined set up a multiple listing service (MLS) in Spain, through which they imposed minimum brokerage commissions. Membership in the system generally required (...)

The Polish Competition Authority orders a fitness firm to introduce measures to increase competition in the sport and recreation package market (Benefit Systems)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21687 visits
DECISION OF THE PRESIDENT OF UOKIK – OBLIGATION OF BENEFIT SYSTEMS* President of UOKiK Tomasz Chróstny obliged Benefit Systems, the operator of Multisport cards, to introduce measures to increase the level of competition in the fitness industry. The Company is expected to take steps to foster (...)

The US Supreme Court grants a motion to hear a constitutional challenge to the per se rule in a criminal antitrust case (Lischewski)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5058 visits
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?* I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule in a (...)

The Moscow Arbitration Court confirms the fine imposed by the Russian Competition Authority on a road market cartel participant (Impulse)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
THE COURT CONFIRMED 85.4 MILLION RUB FINE IMPOSED ON A ROAD MARKET CARTEL PARTICIPANT* In July 2020, FAS Russia found that OOO Magistral, OOO Impulse, OOO Nizhegorodavtodor, OOO Nizhavtodorstroy and OOO Uraldorstroy violated the Law on Protection of Competition. [1] The competing parties (...)

The French Court of Appeal dismisses separate follow-on damages claims by a director and the main shareholder of a company which had previously been granted compensation for losses arising from anticompetitive conduct (Switch / SNCF / Expedia)
Gide Loyrette Nouel (Paris)
France 8 contributions 25669 visites
,
Gide Loyrette Nouel (Paris)
France 2 contributions 139 visites
On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel (...)

The Italian Competition Authority closes with a commitment decision an investigation into a resale price maintenance arrangement affecting the market for nutritional supplements (Sofar / Fornitura Integratori Alimentari)
Municipality of Cagliari
166 contributions 132865 visits
By its decision recently rendered in the Sofar/Fornitura Integratori Alimentari case the Italian Competition Authority (ICA) considered the lawfulness of the conducts of a supplier imposing minimum resale prices for the probiotic nutritional supplements. Pursuant to Article 14-ter of the (...)

The EU Commission fines multiple banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five (...)

The German Competition Authority imposes a fine totaling around €7 million on an audio equipment manufacturer for resale price maintenance in the distribution of their audio products through authorized dealers (Bose)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt imposes fine on audio equipment manufacturer Bose* The Bundeskartellamt has imposed a fine totaling around 7 million euros on Bose GmbH, which is based in Friedrichsdorf, on account of resale price maintenance. Bose manufactures and distributes high-end consumer electronics. (...)

The EU Commission fines four banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 132 visits
On 2 December 2021, the European Commission (the Commission) completed its investigation into the foreign exchange spot trading market, which led to fines that totalled €344 million against Barclays, Credit Suisse, RBS and HSBC. As a leniency applicant, UBS avoided a penalty. Facts Since (...)

Unilateral Practices

 The Indian Competition Authority initiates probe into a Big Tech firm for potential abuse of dominance in the app store market (Apple / Together We Fight Society)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Samvad Partners (Mumbai)
76 contributions 7121 visites
…
KEY POINTS Unlike traditional ‘single-brand’ markets or aftermarkets, the present digital ecosystems including app stores operate as a platform connecting two or multiple different sets of market participants, such as, app developers and users. The multisided nature of this market needs to (...)

The Croatian Competition Authority determines that a national airport did not abuse its dominant position when applying a COVID-19 discount for airlines (Zagreb Airport / RyanAir)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19370 visites
CCA investigates practices of Zagreb airport* In the preliminary market investigation relating to the alleged abusive practices of the undertaking Međunarodna zračna luka Zagreb d.d. (Zagreb Airport) with respect to the conclusion of the agreement on the provision of services with the (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Hausfeld (Berlin)
Germany 9 contributions 2779 visits
,
Hausfeld (Berlin)
Germany 7 contributions 1910 visits
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
Pays-Bas 1 contribution 193 visites
,
Hausfeld (Amsterdam)
Pays-Bas 3 contributions 878 visites
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after (...)

The Dutch Competition Authority orders Big Tech to amend its terms for dating apps – interim relief judge largely agrees (Apple)
Loyens & Loeff (Amsterdam)
Pays-Bas 7 contributions 567 visites
,
Loyens & Loeff (Amsterdam)
Pays-Bas 7 contributions 567 visites
,
Loyens & Loeff (Amsterdam)
Pays-Bas 1 contribution 22 visites
Dutch ACM orders Apple to amend its terms for dating apps – interim relief judge largely agrees* On 24 December 2021, the Dutch Authority for Consumers & Markets (ACM) published a summary decision finding an abuse of a dominant position by Apple. The decision dates back to 24 August 2021 (...)

The Polish Competition Authority orders a supermarket to pay debts to suppliers in a first-of-its-kind decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21687 visites
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

The Bulgarian Competition Authority files allegations of abuse of dominance against a national energy company for unilaterally replacing water meters of customers served by other heat accountants (Veolia Energy Varna)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2806 visites
The Commission for the Protection of Competition filed allegations of abuse of a dominant position of "Veolia Energy Varna" EAD, city of Varna* By Decision No. 1234/16.12.2021, issued under file No. KZK-370/2019, the KZK presented Veolia Energy Varna EAD with an allegation of a violation (...)

The Danish Competition Authority accepts commitments from a provider of personal accounting software promising to halt practices of long-term non-cancellable contracts with customers (Wolters Kluwer)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 129 contributions 35770 visites
Software supplier changes conditions for reasons of competition* The Competition Council has approved the commitment from the software supplier Wolters Kluwer Danmark A/S. The commitments make it easier for the company’s customers to choose other suppliers. The council’s decision may have an (...)

The UK Competition Authority publishes its decision finding a pharmaceutical company guilty of excessive pricing on thyroid tablets (Advanz)
Toyota (Brussels)
Belgique 38 contributions 8053 visites
On 15 December 2021, the UK Competition and Markets Authority (“CMA”) published the non-confidential version of its decision in Advanz Pharma, which provides further insight into its approach to dealing with excessive pricing. As reported earlier (See Michael Clancy, Samuel Hall, Peter (...)

The French Competition Authority calls for comments on the proposed commitments made by a Big Tech search engine to allay abuse of dominance concerns in the publishing industry (Google)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
Royaume-Uni 5 contributions 1438 visites
,
Hausfeld (London)
Royaume-Uni 8 contributions 1974 visites
,
Hausfeld (London)
United Kingdom 4 contributions 1187 visits
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The Bulgarian Competition Authority determines that a healthcare provider abused its dominance by refusing to trade with a company providing medical imaging services (MBAL "Dr. Bratan Shukerov" JSC)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2806 visites
The Commission for the Protection of Competition found abuse of a dominant position by MBAL "Dr. Bratan Shukerov" JSC, Smolyan* By Decision No. 1205 /09.12.2021, issued under file No. KZK-366/2020, the KZK established that the Multispecialty Hospital for Active Treatment "Dr. Bratan (...)

The Polish Competition Authority investigates the data processing policy of a Big Tech company (Apple)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21687 visites
Apple - the President of UOKiK initiates an investigation* Do the new rules of the Privacy Policy and Personal Data Processing Policy introduced by Apple for iOS devices violate competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter. When we (...)

The Bulgarian Competition Authority finds that a medical institution abused its dominance by refusing to deal with a nuclear medicine laboratory (UMBAL - Dr. Georgi Stranski)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2806 visites
The Commission for the Protection of Competition found abuse of a dominant position by "UMBAL - Dr. Georgi Stranski" EAD* With Decision No. 1204 /09.12.2021 , issued on file No. KZK-228/2020, the KZK found that "UMBAL - Dr. Georgi Stranski" EAD committed an abuse of a dominant position by (...)

The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5183 visits
,
Toyota (Brussels)
Belgique 38 contributions 8053 visites
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 visits
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2511 visites
,
Luiss Guido Carli University (Rome)
Italie 15 contributions 11325 visites
,
Luiss Guido Carli University (Rome)
Italie 7 contributions 4274 visites
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner (...)

The EU Court of Justice AG Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position (Enel)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102222 visits
Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by (...)

The EU Court of Justice AG Rantos delivers his opinion in a request for a preliminary ruling on the conduct of an energy and gas producer in the context of the liberalisation of the electricity market in Italy (Enel)
Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22918 visites
,
Covington & Burling (Brussels)
Belgique 4 contributions 1670 visites
,
Freshfields Bruckhaus Deringer (Brussels)
Belgique 2 contributions 599 visites
On 9 December 2021, Advocate General (“AG”) Rantos delivered his Opinion in Servizio Elettrico Nazionale (Case C‑377/20), a request for a preliminary ruling from the Italian Consiglio di Stato. The case concerns the conduct of the ENEL Group (“ENEL”) in the context of the liberalisation of the (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
Italie 4 contributions 1333 visites
,
Portolano Cavallo (Milan)
Italie 36 contributions 6793 visites
,
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The EU Court of Justice AG Rantos suggests to the Court criteria to qualify abusive exploitation for a dominant position involving exclusionary practices (Servizio Elettrico Nazionale)
ACTECON (Istanbul)
Turquie 12 contributions 1699 visites
,
ACTECON (Istanbul)
Turquie 2 contributions 432 visites
Introduction: In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos, which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
Italie 68 contributions 18258 visites
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40M in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ (...)

The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)
Van Bael & Bellis (Brussels)
Belgique 53 contributions 22750 visites
,
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52584 visites
,
Van Bael & Bellis (Brussels)
Belgique 56 contributions 25375 visites
…
On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

The Japanese FTC closes investigation on suspected violation of the Antimonopoly Act (Rakuten Group)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23782 visites
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Rakuten Group, Inc.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) filed a petition for an urgent injunction to the Tokyo District Court on February 28, 2020, in accordance with the (...)

The Romanian Competition Authority opens an investigation into possible abuse of dominant position and restriction on market entry by a pharmaceutical company in the medicines market (Boehringer Ingelheim)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition council opened an investigation on medicine market* • Possible abuse of dominant position of Boehringer Ingelheim RCV Gmbh&CO. KG The Competition Council opened an investigation into a possible abuse of a dominant position of Boehringer Ingelheim RCV GmbH & Co. KG. (...)

The Indian Competition Authority closes an investigation into a chip manufacturer for allegedly abusively refusing to share product design information with a business partner (Velankani Electronics / Intel)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Samvad Partners (Mumbai)
76 contributions 7121 visites
…
BRIEF FACTS Velankani Electronics Pvt. Ltd. (“Velankani/Informant”), a company engaged in the business of designing and manufacturing electronic products in India, including ‘servers’, filed an information against Intel Corporation (“Intel/OP”) alleging abuse of dominant position. Velankani, (...)

The Japanese FTC closes investigation into online funeral service provider after provider voluntarily ends anti-competitive practices (UNIQUEST)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23782 visites
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by UNIQUEST INC* The Japan Fair Trade Commission (the “JFTC”) has investigated UNIQUEST INC. (UNIQUEST) in accordance with the provision of the Antimonopoly Act since June 2021. UNIQUEST is the online funeral (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision fining a watermelon re-seller for imposing unfair trading practices (Fragaria)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19370 visites
UTPS: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER FRAGARIA* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller FRAGARIA and upheld the ruling of the Administrative Court in Zagreb of 16 December 2020 rejecting the claim for cancellation (...)

Mergers

 The Irish Competition Authority decides to carry out a Phase II investigation of a performing loans acquisition (Allied Irish Banks / Ulster Bank)
Irish Competition Authority (Dublin)
Ireland 101 contributions 16004 visits
CCPC to carry out a Phase 2 investigation of AIB’s proposed acquisition of certain assets of Ulster Bank* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by Allied Irish Banks, p.l.c., of certain (...)

The Indian Competition Authority approves the merger between two power generation companies active in the upstream and downstream sectors as not likely to impact competition (Jindal Power / Worldone)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
Worldone Private Limited (“Worldone/Acquirer”) is an investment holding company, engaged in various businesses including the business of manufacturing steel and captive thermal power generation. Worldone presently has shareholding in various entities, including Jindal Power Limited (“JPL / (...)

The Romanian Competition Authority assesses a takeover transaction between two steel companies for compatibility with market competition (Kiendle / Feintool Holding)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition Council assesses the taking over of Kiendle + Spiess GMBH, Germany, by Feintool Holding GMBH, Sweden* The Competition Council assesses the transaction through which Feintool Holding GmbH from Sweden intends to take over Kienle + Spiess GmbH from Germany. Feintool Holding (...)

The Romanian Competition Authority approves a technology services provider’s takeover of oil services from a crude oil company (Forasol / Schlumberger)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition council approved the taking over of some activities belonging to Schlumberger group by GSP* The Competition Council authorized the transaction by which Forasol S.R.L., a member of the GSP Group, took over some business related to activities in the field of oil services (...)

The French Competition Authority unconditionally clears the takeover of a company active in the distribution of decoration and bazaar products (Zouari family / Maxi Bazar Group)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence clears the Zouari family’s takeover of the Maxi Bazar Group (decoration and bazaar products)* On 25 November 2021, the Zouari family notified the Autorité of its plan to acquire sole control of the Maxi Bazar Group. Parties to the transaction The Zouari (...)

The Croatian Competition Authority conditionally clears a merger between two vertically integrated national telecommunications companies (Telemach Hrvatska / OT-Optima Telekom)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19370 visites
CCA clears telecom merger between Telemach Hrvatska and Ot-Optima Telekom* Within the meaning of the Competition Act the Croatian Competition Agency cleared in the first phase the concentration between the undertakings Telemach Hrvatska d.o.o. and OT-Optima Telekom d.d. By this transaction (...)

The French Competition Authority unconditionally clears the merger of an online tyre retailer and a tyre manufacturer (Allopneus / Michelin / Hevea)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité clears the takeover of Allopneus by Michelin* Following the European Commission’s referral decision of 21 October 2021 (see the press release of 22 October 2021), the Michelin group notified the Autorité of its plan to acquire sole control of Allopneus and its subsidiaries, over (...)

The Italian Competition Authority approves without conditions a joint venture in the sector for green mobility (Enel X / Volkswagen Finance Luxembourg)
Municipality of Cagliari
166 contributions 132865 visits
By its recent decision handed down in Enel X/Volkswagen Finance Luxembourg, the Italian Antitrust Authority (IAA) has approved without conditions a joint venture incorporated by two major providers of green mobility services. The IAA took the view that the transaction was unlikely to restrain (...)

The Dutch Competition Authority blocks the merger between two healthcare service providers due to threat of anticompetitive effects (Mautitskliniek / Bergman Clinics)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
ACM blocks acquisition of Maritskliniek by Bergman Clinics* After a thorough investigation, the Netherlands Authority for Consumers and Markets (ACM) has decided to block the planned acquisition of Dutch health care provider Mauritskliniek by rival provider Bergman Clinics. ACM has concluded (...)

The New Zealand Competition Authority releases a statement of issues for a proposed acquisition of a national manufacturer of animal health products by an American pharmaceutical firm (Zoetis / Jurox)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Statement of Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Issues relating to the clearance application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. The (...)

The Austrian Competition Authority updates guidance on transaction value thresholds in merger control
Austrian Competition Authority (Vienna)
Austria 63 contributions 7155 visits
Update of the Guidance on Transaction Value Thresholds in merger control The Guidance on Transaction Value Thresholds in merger control in Austria and Germany, which was published together with the German Federal Cartel Office in mid 2018, was adjusted in a few points. The changes of KartG (...)

The German and Austrian Competition Authorities publish revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control law
Freshfields Bruckhaus Deringer (Vienna)
Austria 2 contributions 504 visits
,
Freshfields Bruckhaus Deringer (Berlin)
Germany 7 contributions 5620 visits
,
Freshfields Bruckhaus Deringer (Vienna)
Austria 3 contributions 621 visits
Shortly before the end of 2021, the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) and the German Federal Cartel Office (Bundeskartellamt, BKA) published revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger (...)

The German and Austrian Competition Authorities publish an updated joint guidance on transaction value thresholds
White & Case (Düsseldorf)
Germany 36 contributions 14312 visits
,
White & Case (Brussels)
Belgique 17 contributions 7105 visites
,
White & Case (Düsseldorf)
Allemagne 4 contributions 1954 visites
…
The German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde have updated their joint guidance on the application of their respective transaction value thresholds for mandatory merger notifications (the "Guidelines") on December 23, 2021. The authorities initially published the (...)

The French Competition Authority clears a merger between two national medical analysis laboratories subject to commitments (Labexa / Cerba)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Chemical pathology laboratories: the Autorité clears the acquisition of the Labexa Group by the Cerba Group, subject to conditions* Parties to the transaction The Cerba Group is mainly active in the chemical pathology sector and operates a network of 495 laboratories in France. It also has (...)

The New Zealand Competition Authority releases a statement of issues over a proposed acquisition of a national fuel company by an Australian rival (Ampol / Z Energy)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Statement of Issues released for Ampol / Z clearance application* The Commerce Commission has published a statement of issues relating to an application from Ampol Limited (Ampol) seeking clearance to acquire 100% of the shares in Z Energy Limited (Z), subject to an undertaking from Ampol to (...)

The Dutch Competition Authority blocks a merger between two ambulatory infusion pump manufacturers (Eurocept Homecare / Mediq)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
ACM blocks acquisition of Eurocept Homecare by Mediq* ACM blocks acquisition of Eurocept Homecare by Mediq The Netherlands Authority for Consumers and Markets (ACM) has blocked the acquisition of Eurocept Homecare by Mediq. ACM has come to the conclusion that, through the acquisition, Mediq (...)

The US FTC imposes a fine totalling $487K on the founder of a transportation and logistics company for repeatedly violating the Hart-Scott-Rodino Act (Clarence L. Werner)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC Fines Clarence L. Werner, Founder of the Truckload Carrier Werner Enterprises, Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that Clarence L. Werner, founder of the Omaha, Nebraska-based truckload carrier Werner Enterprises, Inc. will pay a (...)

The Dutch Competition Authority conditionally clears the merger between two supermarket chains (Plus / CO-OP)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
ACM conditionally clears the merger between Dutch supermarket chains Plus and Coop* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared the merger between Dutch supermarket chains Plus and Coop. ACM has attached the condition that 12 supermarket locations must (...)

The US FTC fines a restaurant chain owner and investment fund operator $1.4 million to settle charges that two of its acquisitions violated the Hart-Scott-Rodino Act (Biglari)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC Fines Biglari Holdings Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that restaurant chain owner and investment fund operator Biglari Holdings Inc. will pay a $1.4 million civil penalty to settle charges that two acquisitions it made on March (...)

The US DoJ fines the founder of a transportation and logistics company for gun jumping (Clarence L. Werner)
US Department of Justice (Washington)
États-Unis 175 contributions 74080 visites
Founder of Werner Enterprises to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The US FTC and DoJ announce that they have entered into settlements with the founder of a logistics company and a restaurant chain owner for alleged gun jumping violations (Clarence L. Werner) (Biglari)
Dechert (Washington)
États-Unis 15 contributions 2496 visites
,
Dechert (New York)
États-Unis 9 contributions 1358 visites
,
Dechert (Washington)
États-Unis 5 contributions 880 visites
…
Key takeaways Small incremental acquisitions may require HSR filings and the HSR waiting period to be observed. Subsequent acquisitions of a small amount of the same issuer’s voting securities after the HSR requirements have been satisfied may still require additional HSR filings. Even the (...)

The Spanish Competition Authority gives the green light for the acquirement of exclusive control of a Spanish company by an Australian operator in the mining sector (Sandfire / MATSA)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
Sandfire acquires exclusive control of MATSA.* On 21 December 2021, the CNMC gave the green light to the concentration entailing the acquisition by Sandfire Resources Limited of 100% of Minas De Aguas Teñidas, S.A. (MATSA). Sandfire is an Australian mining company whose core business is (...)

The Spanish Competition Authority authorizes the takeover of a medical equipment and supply manufacturer by a company that makes and sells medical devices related to urology and endocrinology (Coloplast / Atos)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
Coloplast acquires control of Atos.* On 21 December 2021, the CNMC authorised the takeover of Atos by Coloplast. Coloplast is a Denmark-based company that makes and sells medical devices related to urology and endocrinology. Atos, headquartered in Sweden, is a medical equipment and supply (...)

The UK Competition Authority updates its interim measures guidelines
McDermott Will & Emery (Washington)
United States 13 contributions 2772 visits
,
McDermott Will & Emery (Paris)
France 28 contributions 3900 visites
,
McDermott Will & Emery (Washington)
United States 32 contributions 6541 visits
…
On December 21, 2021, the CMA updated its guidance on interim measures in merger investigations and the initial enforcement order template. Interim measures take three forms, which depend on the stage of the investigation and whether they are imposed on the merging parties or agreed between (...)

The Spanish Competition Authority authorizes a merger between a group operating in the long-term dependency care sector and a hospital group (Orpea / Atirual)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (members of Orpea Group, owned from French company Orpea, S.A) take over Hestia Alliance, S.L. and Drury, S.L. (members of Hestia Group).* On 21 December 2021, the CNMC authorised Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (...)

The Portuguese Competition Authority issues a Statement of Objections to a charity for gun jumping in its acquisition of a hospital (Santa Casa da Misericórdia / Sociedade de Gestão Hospitalar)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28715 visites
AdC issues statement of objection to Santa Casa da Misericórdia de Lisboa for failure to notify a merger* The Statement of Objections The AdC (Autoridade da Concorrência – Portuguese Competition Authority) issued a Statement of Objections to Santa Casa da Misericórdia for failure to notify (...)

The EU Commission unconditionally approves the acquisition of a transcription software company active in the healthcare sector and customer engagement solutions by a global technology company (Microsoft / Nuance)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission approves acquisition of Nuance by Microsoft* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Nuance Communications, Inc. (‘Nuance’) by Microsoft Corporation (‘Microsoft’). The Commission concluded that the (...)

The Canadian Competition Authority approves a $44B acquisition of a British price assessment and reporting agency by its American competitor after agreement to sell assets (S&P Global / IHS Markit)
Canadian Competition Bureau (Gatineau)
Canada 74 contributions 10479 visites
Competition Bureau reaches agreement with S&P Global related to its acquisition of IHS Markit* The Competition Bureau announced on the 21st December 2021 that it has reached an agreement with S&P Global Inc. to resolve competition concerns related to its proposed acquisition of IHS (...)

The Australian Competition Authority does not oppose the merger between two waste management companies, subject to divestitures (Veolia / Suez)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Veolia’s proposed acquisition of Suez not opposed, subject to divestitures* The ACCC will not oppose the proposed acquisition of Suez by Veolia after accepting three court-enforceable divestiture undertakings from Veolia. With these divestitures, and the sale of certain assets to Cleanaway, (...)

The US FTC issues an order aimed at protecting retail fuel customers following a merger between 2 companies in the energy sector (Global Partners / Richard Wiehl)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC Order Protects Retail Fuel Customers Following Global Partners LP’s Acquisition of Wheels* Proposed order preserves competition by requiring divestiture of 7 retail gasoline and diesel stations in Connecticut Global Partners LP and Richard Wiehl have agreed to divest to Petroleum (...)

The Indian Competition Authority approves the acquisition of over 70% equity stake in a health and safety company by an investment fund (Forbes Enviro Solutions / Lunolox)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
Lunolox Limited (“Lunolux / Acquirer”) is a special purpose vehicle incorporated by AI Global Investments (Cyprus) PCC Limited (“AI Global”) for the purposes of the proposed combination. AI Global operates as the investment hub for Asia for all the funds managed by Advent International (...)

The Romanian Competition Authority conditionally approves takeover in the online food delivery service market (Glovoappro / Foodpanda)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition council approved with conditions the taking over of Foodpanda Ro by Glovoappro SRL* The Competition Council approved with conditions the transaction through which Glovoappro SRL will take over the Foodpanda Ro SRL and, indirectly, Pandamart, which is operated by Delivery Hero (...)

The Belgian Competition Authority approves the acquisition of multiple tyre sellers by two investment firms (Qhold / Lam Fam / NewCo)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22686 visits
The Belgian Competition Authority approves the acquisition of joint control by Qhold NV and Lam Fam BV through NewCo over Lambrecht Banden NV, Fabisa NV, Locaway NV and Andrimmo NV* The Belgian Competition Authority (BCA) has approved on 20 December 2021 the acquisition by Qhold NV, a (...)

The Brazilian Competition Authority allows a European shipping company to exercise some corporate control over a national logistics company while the Authority considers its proposed acquisition (SAS Shipping Agencies Services / Log-In Logística Intermodal)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brésil 63 contributions 18103 visites
CADE allows SAS to exercise some corporate control over the business affairs of Log-In until the case is adjudicated* The authorization ensures the reversibility of the transaction and the competitive conditions of the affected markets On 15 December 2021, the Administrative Council for (...)

The Hellenic Competition Authority clears the merger between two pet food companies (BC Partners / Pet City Group)
Hellenic Competition Commission (Athens)
Grèce 126 contributions 17165 visites
Clearance of an acquisition* Subject: HCC clears the acquisition by «BC Partners Management GR Limited» («BC Partners») of indirect sole control over Pet City Group* On December, 17th, 2021, the Chamber of the Hellenic Competition Commission (HCC), by its decision 756/2021 unanimously (...)

The US DoJ announces that it is seeking additional public comments on whether it should revise the 1995 Bank Merger Competitive Review Guidelines
US Department of Justice (Washington)
États-Unis 175 contributions 74080 visites
Antitrust Division Seeks Additional Public Comments on Bank Merger Competitive Analysis* The Department of Justice’s Antitrust Division announced today that it is seeking additional public comments until Feb. 15, 2022, on whether and how the division should revise the 1995 Bank Merger (...)

The Hellenic Competition Authority clears the acquisition for sole control of two companies involved in the manufacturing of dough (Hellenic Dough / Makedoniki Sfoliata)
Hellenic Competition Commission (Athens)
Grèce 126 contributions 17165 visites
Clearance of an acquisition* Subject: Clearance of the proposed acquisition by VIVARTIA S.A. of sole control over the companies HELLENIC DOUGH and MAKEDONIKI SFOLIATA (ALESIS S.A.) By its Decision No. 754/2021 on 15th of December 2021, the Hellenic Competition Commission (HCC) unanimously (...)

The French Competition Authority unconditionally clears the acquisition of a food transportation company by 2 trucking companies (TMF Group / Prim@ever / Olano Group)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence unconditionally clears the acquisition of the TMF Group by Prim@ever and the Olano Group* On 15 November 2021, Prim@ever, which is jointly controlled by the STEF Group and the Olano Group, notified the Autorité de la concurrence of its plan to acquire joint (...)

The Slovak Competition Authority approves the acquisitions of a delivery firm and an online shopping platform by a Luxembourg-based e-commerce platform (Allegro / Mall Group / WE|DO)
Slovak Competition Authority (Bratislava)
Slovaquie 57 contributions 5540 visites
MERGERS: AMO SR approved the merger of undertakings Allegro.eu, Mall Group, a.s., and WEǀDO CZ, s.r.o.* AMO SR approved a merger grounded in the acquisition of indirect exclusive control by undertaking Allegro.eu over companies Mall Group, a.s., and WEǀDO CZ, s.r.o. On 17 December 2021 the (...)

The EU Commission clears a merger between 2 waste management companies, subject to conditions (Derichebourg / Ecore)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission clears Derichebourg’s acquisition of Groupe Ecore, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Groupe Ecore by Derichebourg. The approval is conditional on full compliance with a commitments (...)

The Australian Competition Authority receives withdrawal from a proposed merger in the IVF services sector due to competition concerns (Virtus / Adora)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Virtus abandons proposed acquisition of Adora* The ACCC is likely to seek to discontinue its proceedings in the Federal Court in relation to Virtus Health’s (Virtus) proposed acquisition of Adora Fertility (Adora) from Healius, after Virtus announced today that it has decided not to proceed (...)

The Australian Competition Authority greenlights the merger between two oil and gas exploration and production companies (Woodside / BHP Petroleum)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Woodside’s proposed acquisition of BHP Petroleum not opposed* The ACCC will not oppose Woodside Petroleum Limited’s (ASX: WPL) proposed acquisition of BHP Petroleum International Pty Ltd, a wholly owned subsidiary of BHP (ASX: BHP). Woodside and BHP Petroleum supply domestic natural gas in (...)

The EU Commission announces the withdrawal of two airline companies from a proposed acquisition in the passenger air transport sector (IAG / Globalia / Air Europa)
Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98600 visits
,
McDermott Will & Emery (Washington)
United States 32 contributions 6541 visits
,
McDermott Will & Emery (Washington)
United States 16 contributions 3401 visits
…
IAG, owner of leading airlines in Ireland, Spain and the UK, sought to acquire Air Europa from Globalia and provided notification of the transaction to the Commission in May 2021. IAG, owner of Iberia and Vueling, is the largest airline in Spain and Air Europa is the third-largest airline in (...)

The Australian Competition Authority does not oppose the merger between a major US online retail platform with audiovisual content and a Hollywood film production company (Amazon / MGM)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Amazon’s proposed acquisition of MGM not opposed* The ACCC will not oppose the proposed acquisition of MGM by Amazon, after an investigation that concluded the transaction was unlikely to substantially lessen competition in any market in Australia. Amazon operates a range of businesses in (...)

The EU Commission announces the withdrawal of several airline companies from their proposed merger (IAG / Globalia / Air Europa)
Jones Day (Brussels)
Belgique 24 contributions 24179 visites
,
Jones Day (Brussels)
Belgique 11 contributions 3707 visites
,
Jones Day (Brussels)
Belgique 8 contributions 3036 visites
…
On 16 December 2021, the European Commission commented on IAG and Globalia’s decision to abandon their proposed agreement for IAG to acquire Air Europa (see here). In Spain, IAG is the largest airline (including ownership of Iberia and Vueling), and Air Europa is the third largest airline. (...)

The UK Competition Authority provisionally finds in Phase II investigation that the proposed purchase of a multinational conglomerate’s passive UK telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier would harm competition by removing the possibility for a third infrastructure supplier to emerge (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
UK telecoms tower merger risks higher mobile costs* The CMA has provisionally found  Cellnex’s proposed purchase of CK Hutchison’s telecoms towers would harm competition. Cellnex is an independent supplier of telecommunications infrastructure, currently active across several European (...)

The Indian Competition Authority unconditionally approves a merger between two solar renewable energy companies (Reliance Solar / Sterling and Wilson solar)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
Reliance New Energy Solar Limited (“Reliance Solar / Acquirer”), a wholly owned subsidiary of Reliance Industries Limited (“RIL”), a newly incorporated entity and does not offer any products or services in India. Recently it has announced the acquisition of a stake in REC Solar, which is (...)

The Danish Competition Authority approves an acquisition of sole control over two newspaper distributors by a national media company subject to commitments (JP/Politikens Hus / Dansk Avis Omdeling / Bladkompagniet)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 129 contributions 35770 visites
The Danish Competition Council has approved JP/Politikens Hus’ acquisition of sole control over Dansk Avis Omdeling A/S and A/S Bladkompagniet subject to commitments* On 15 December 2021 the Danish Competition Council has approved JP/Politikens Hus A/S’ (“JP/Politiken”) acquisition of sole (...)

The Cypriot Competition Authority conditionally approves the market concentration and acquisition of an LPG storage and logistics company by an LPG management and production company (VLPG / YUGEN)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Chypre 64 contributions 8429 visites
The Commission for the Protection of Competition has decided that the concentration regarding the acquisition of the share capital of VLPG PLANT Ltd by YUGEN LIMITED (now EKO LOGISTICS Ltd) and the merged of Hellenic Petroleum S.A Group activities’ related to the storage and management of LPG (...)

The EU Commission approves the merger between two companies in the water and waste management sectors, subject to conditions (Veolia / Suez)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission approves the acquisition of Suez by Veolia, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Suez by Veolia. The approval is conditional on full compliance with a commitments package offered by (...)

The EU Commission approves a merger in the waste management sector, subject to conditions (Veolia / Suez)
Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98600 visits
,
McDermott Will & Emery (Paris)
France 28 contributions 3900 visites
,
McDermott Will & Emery (Washington)
United States 13 contributions 2772 visits
…
On December 14, 2021, the Commission conditionally cleared in Phase I Veolia’s acquisition of Suez. The Commission deemed Veolia’s comprehensive commitments sufficient to assuage the Commission’s competition concerns, without the need for a Phase 2 investigation. The Commission found that (...)

The Spanish Competition Authority clears a merger between an engineering company for nuclear power plants and a Spanish engineering group specialized in structural integrity services (Westinghouse Electric / Tecnatom)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
Westinghouse Electric Spain acquires exclusive control of Tecnatom.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition by Westinghouse Electric Spain, S.A.U. of exclusive control of Tecnatom, S.A. Westinghouse provides complete development, licensing, (...)

The Spanish Competition Authority approves a merger between a private investment house and a telecommunications operator (Ardian / Adamo)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
C/1251/21 ARDIAN / ADAMO TELECOM* Ardian acquires the 100% of Adamo. On 14 December 2021, the CNMC authorised Ardian France, S.A. to buy the 100% of Adamo Telecom, S.L.U. Ardian is a private investment house that manages funds on behalf of its clients, mostly pension funds, insurance (...)

The French Competition Authority clears the acquisition of the three main dealership networks for leisure accommodation vehicles, subject to the sale of two dealerships by the acquiring group to resolve the identified competition-related concerns (Trigano / SLC / CLC / GLA)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Subject to conditions, the Autorité clears the acquisition of the three main dealership networks for leisure accommodation vehicles by the Trigano group* Following the transaction, the Trigano group will become the leading integrated player in the distribution of leisure accommodation (...)

The Spanish Competition Authority clears an acquisition for exclusive control of two subsidiaries in the agricultural sector (EW / Novogen / Verbeek)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
EW Group takes over Novogen and Verbeek.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition of exclusive control of Novogen SAS, Novogen do Brasil Avicultura LTDA, and Verbeek’s Pluimvee Beheer BV by Global Layer Genetics GmbH and European Layer Distribution (...)

The Spanish Competition Authority authorizes the corporate deal entailing the change in the nature of control of a multinational company specialized in the manufacturing of components and accessories for all types of pools (Fluidra)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
Fluidra’s founding families secure full control of the company.* On 14 December 2021, the CNMC authorised the corporate deal entailing the change in the nature of control of Fluidra, S.A. The founding families now have full control rather than joint control with Rhône Capital L.L.C. (...)

The UK Competition Authority finds that a merger between two one-stop property search service providers could reduce competition (Dye & Durham / TM Group)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Dye & Durham’s purchase of TM Group could reduce competition* The CMA has found that Dye & Durham’s purchase of TM Group raises competition concerns and may now be referred for an in-depth investigation. Dye & Durham and TM Group both provide a one-stop property search service (...)

The German Competition Authority considers the acquisition of a CRM platform by a social media platform to be subject to merger notification (Meta / Kustomer)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt considers Meta/Kustomer merger to be subject to notification* Meta Platforms Inc., Menlo Park/USA (formerly Facebook, Inc.) has announced that it intends to acquire the company Kustomer Inc. Kustomer is a company based in New York (USA) which offers its business customers a (...)

The Slovak Competition Authority initiates administrative proceedings over a merger of poultry producers (MHP East Europe / EU Poultry / WE Trade / MHP SE)
Slovak Competition Authority (Bratislava)
Slovaquie 57 contributions 5540 visites
MERGERS: AMO SR initiated an administrative proceeding in the matter of merger of undertakings MHP East Europe, s.r.o., EU Poultry, s.r.o., WE Trade, s.r.o., MHP SE and Mr. Dmytro Borodavka* AMO SR initiated an administrative proceeding in the matter of merger grounded in several interlinked (...)

The Australian Competition Authority does not oppose the merger between an airline investment consortium and a national airport (Sydney Aviation Alliance / Sydney Airport)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Sydney Aviation Alliance’s proposed acquisition of Sydney Airport not opposed* The ACCC will not oppose Sydney Aviation Alliance’s proposed acquisition of Sydney Airport (ASX: SYD). Sydney Aviation Alliance is a consortium of investment funds which each have investments in a range of (...)

The German Competition Authority receives withdrawal from proposed joint venture in scrap recycling sector due to competition concerns (TSR Recycling / Lünen / Rhein-Main Rohstoffe)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Withdrawal of merger notification in scrap recycling sector due to competition concerns* The companies TSR Recycling GmbH & Co. KG, Lünen, and Rhein-Main Rohstoffe GmbH, Frankfurt, withdrew their notification of the formation of a joint venture on 8 December 2021. The Bundeskartellamt (...)

The Slovak Competition Authority approves a merger between two investment companies (Penta Investments / Cinre Property)
Slovak Competition Authority (Bratislava)
Slovaquie 57 contributions 5540 visites
MERGERS: AMO SR approved the merger of undertakings PENTA INVESTMENTS LIMITED, CINRE, s.r.o., and CINRE PROPERTY, s.r.o.* On 8 December 2021 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) approved a merger grounded in the change of (...)

The Romanian Competition Authority approves the takeover of an agricultural distributor and cereal cultivator by an investment firm and an individual (RDF / Roca Investments / Mrs. Florin-Ioan Deznan)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF RDF S.A. AND RDF AGRICULTURĂ BY ROCA INVESTMENTS AND MRS. FLORIN-IOAN DEZNAN* The Competition Council approved the trasnsaction through which Roca Investments S.A. and Mrs. Florin-Ioan Deznan take over RDF S.A. and its subsidiary RDF (...)

The UK Competition Authority finds that the merger of 2 companies in the supply of several waste and water management services could lead to a loss of competition (Veolia / Suez)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
CMA finds Veolia / Suez merger raises competition concerns* Veolia and Suez are two of the largest suppliers of waste management services to councils and businesses in the UK and global leaders in the sector. The transaction is being reviewed by a number of competition authorities globally. (...)

The Canadian Competition Authority obtains court orders to advance an investigation into the merger of the only two container terminal operators at the Port of Halifax (PSA Canada Ventures / Ceres Halifax)
Canadian Competition Bureau (Gatineau)
Canada 74 contributions 10479 visites
Competition Bureau obtains court orders to advance an investigation of a proposed transaction between the only two container terminal operators at the Port of Halifax* The Competition Bureau has obtained court orders from the Federal Court of Canada to advance an investigation into PSA (...)

The Saudi Arabian Competition Authority, in a first of its kind decision, blocks an acquisition of a national food delivery app by a German rival in part because the parties failed to disclose the necessary information to evaluate potential remedies (Delivery Hero / The Chefz)
Jones Day (Washington)
États-Unis 1 contribution 81 visites
,
Jones Day (Brussels)
Belgium 20 contributions 7908 visits
,
Jones Day (Houston)
United States 35 contributions 15623 visits
…
Saudi Antitrust Regulator Blocks First Acquisition Under New Merger Control Law Saudi Arabia competition authority blocks its first transaction under the Kingdom’s 2019 Competition Law. The Saudi Arabian General Authority for Competition ("GAC") announced this week that its board had (...)

The Saudi Arabian Competition Authority announces, following the adoption of the new Merger Review Guidelines, that it has blocked its first deal between two online food-delivery services due to their failure to provide sufficient information to enable the evaluation of the proposed acquisition (Delivery Hero / The Chefz)
White & Case (Washington)
United States 9 contributions 3813 visits
,
White & Case (Düsseldorf)
Germany 36 contributions 14312 visits
,
White & Case (Brussels)
Belgium 17 contributions 10731 visits
…
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Kingdom of Saudi Arabia’s General Authority for Competition (the “GAC”) has been ramping up its merger control activities and recently—at least (...)

The Saudi Arabian Competition Authority blocks the acquisition of an online food delivery firm by a German company (Delivery Hero / The Chefz)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1569 visits
The General Authority for Competition announces its refusal to complete the economic concentration process between Delivery Hero and The Chefz* The Competition Authority has announced the rejection of the economic concentration process between (Delivery Hero Company) and (The Chefz) Company. (...)

The US FTC issues a statement following the termination of a proposed merger which would have combined two close retail competitors selling hunting, shooting, fishing, camping, and other outdoor gear (Great Outdoors / Sportsman’s Warehouse)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
Expected Federal Trade Commission Opposition to Transaction Leads Great Outdoors Group, LLC and Rival Sportsman’s Warehouse Holdings, Inc. to Abandon Plans for Proposed Merger* Federal Trade Commission Bureau of Competition Director Holly Vedova issued the following statement regarding the (...)

The Australian Competition Authority does not oppose the proposed merger between a national meat and food processing company and an agri-food producer (JBS / Rivalea)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
JBS’ proposed acquisition of Rivalea not opposed* The ACCC will not oppose JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) finding that the transaction is not likely to substantially lessen competition. (...)

The German Competition Authority clears a merger between two hazardous waste disposal companies, subject to conditions (K+S / REMEX)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Joint venture between K+S and REMEX for disposal of hazardous waste cleared only after implementation of extensive offsetting measures* The Bundeskartellamt has cleared the formation of the joint venture REKS GmbH & Co. KG by Kali und Salz Minerals and Agriculture GmbH and REMEX GmbH, a (...)

The US FTC sues to block a $40 billion merger between a chip supplier and a chip design provider (Nvidia / Arm)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC Sues to Block $40 Billion Semiconductor Chip Merger* Vertical deal between chip supplier Nvidia and chip design provider Arm would allow combined firm to stifle competing next-generation technologies The Federal Trade Commission today sued to block U.S. chip supplier Nvidia Corp.’s $40 (...)

The Portuguese Competition Authority simplifies the merger notification process in an effort to reduce regulatory burden
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28715 visites
AdC simplifies mergers notification* The AdC has reduced and simplified the information requested in the premerger notification forms, a procedure for companies involved in mergers or acquisitions that result in a lasting change of shareholder control. Changes now introduced aim to reduce (...)

The US FTC sues to block a $40 billion merger between a leading computing company and a vertically relevant semiconductor company (Nvidia / Arm)
Constantine Cannon (New York)
États-Unis 4 contributions 979 visites
FTC Seeks to Maintain the Neutrality of the “Switzerland” of the Computing Industry by Suing to Block Nvidia’s Deal to Buy Arm The Federal Trade Commission launched a battle to preserve competition in multiple computing markets last week with the filing of a complaint seeking to block Nvidia (...)

The Lithuanian Competition Authority approves the acquisition of a facilities management company by a facilities operator (Akropolis Group / Delta Propery)
Lithuanian Competition Authority (Vilnius)
Lituanie 104 contributions 20078 visites
Lithuanian company “Akropolis Group” acquires shopping centre “Alfa”* On November 25, the Competition Council (the CC) decided to allow UAB "AKROPOLIS GROUP", a company registered in Lithuania, to acquire a decisive influence over Ltd. "DELTA PROPERTY", which manages the shopping centre (...)

The Canadian Competition Authority challenges the merger between two waste management companies due to potential price increase and reduction of quality of service for consumers (GFL Environmental / Terrapure Environmental)
Canadian Competition Bureau (Gatineau)
Canada 74 contributions 10479 visites
Competition Bureau challenges GFL’s acquisition of industrial waste management and environmental services company Terrapure* To protect competition for customers of industrial waste services (IWS) and oil recycling services (ORS) in Western Canada, the Competition Bureau is challenging GFL (...)

State Aid

 The EU Commission approves a €57.4M restructuring aid to a Croatian mechanical engineering company (Ðuro Ðaković)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €57.4 million restructuring aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s plans to grant mechanical engineering company Ðuro Ðaković d.d. (‘Đuro Đaković) restructuring aid (...)

The EU Commission approves approves €9.8 million Belgian measure to recapitalise national airport in the context of the COVID-19 pandemic (Brussels South Charleroi Airport)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €9.8 million Belgian measure to recapitalise Brussels South Charleroi Airport in the context of the coronavirus outbreak* The European Commission has approved Belgian plans to grant up to €19.2 million for the recapitalisation of the Brussels South Charleroi (...)

The EU Commission approves an €88M German support to compensate a national railway company for damages suffered by its subsidiary due to the COVID-19 outbreak (Deutsche Bahn / DB Cargo)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €88 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak* The European Commission has found a €88 million German support measure in favour of Deutsche Bahn AG to be in line with EU (...)

The EU Commission approves €71.4 million Portuguese measure to further compensate an airline company for damages suffered due to COVID-19 pandemic (TAP Air Portugal)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €71.4 million Portuguese measure to further compensate TAP Air Portugal for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules, a €71.4 million Portuguese aid measure to further support TAP Air (...)

The EU Commission invites comments on a proposed revision of guidelines on State aid for railway companies
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission invites comments on proposed revision of Guidelines on State aid for railway companies* The European Commission has launched today a public consultation on EU Survey inviting all interested parties to comment on a proposed revision of the 2008 Guidelines on State aid (...)

The EU Commission approves a €2.55 billion Portuguese restructuring aid in favour of a national airline company and a €107 million compensation for damages suffered due to COVID-19 pandemic (TAP Air Portugal)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €2.55 billion Portuguese restructuring aid in favour of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules: (i) €2.55 billion of restructuring aid to (...)

The EU Commission adopts guidelines on State aid for climate, environmental protection and energy "CEEAG"
Jones Day (Brussels)
Belgium 21 contributions 9496 visits
,
Jones Day (Paris)
France 3 contributions 695 visites
,
Jones Day (Brussels)
Belgique 4 contributions 796 visites
…
In Short The Development: The European Commission ("Commission") adopted new Guidelines on State Aid for Climate, Environmental Protection and Energy ("CEEAG") on 27 January 2022. The CEEAG revise criteria that the Commission will now apply to determine whether EU Member State financing to (...)

The EFTA Surveillance Authority approves prolongation and amendments to a Norwegian compensation scheme for businesses suffering financial losses
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
COVID-19 pandemic: ESA approves prolongation and amendments to a Norwegian compensation scheme for businesses suffering financial losses* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments to a Norwegian scheme for businesses, which offers compensation for (...)

The EFTA Surveillance Authority approves additional amendments to a Norwegian compensation scheme for businesses amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
COVID-19 pandemic: ESA approves additional amendments to a Norwegian compensation scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved additional amendments to a Norwegian scheme providing compensation to companies suffering losses due to the COVID-19 pandemic. (...)

The EU Commission endorses the new Guidelines on State aid for Climate, Environmental Protection and Energy which align with the important EU objectives and targets set out in the European Green Deal
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission endorses the new Guidelines on State aid for Climate, Environmental protection and Energy* The College of Commissioners today endorsed the new Guidelines on State aid for climate, environmental protection and energy (‘CEEAG’). The CEEAG will be formally adopted in (...)

The EU Commission approves a 2022-2027 regional aid map for Romania
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Romania* The European Commission has approved under EU State aid rules Romania’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission approves an Austrian scheme to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves Austrian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, an Austrian aid scheme to support electricity production from renewable sources. The measure will help Austria (...)

The EFTA Surveillance Authority approves prolongation of a Norwegian compensation scheme for cancelled and downscaled cultural events in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
COVID-19 pandemic: ESA approves prolongation to Norwegian compensation scheme for cancelled and downscaled cultural events* The EFTA Surveillance Authority (ESA) has today approved a prolongation of a Norwegian scheme providing compensation for losses related to cancelled or downscaled (...)

The EFTA Surveillance Authority approves a revised Norwegian scheme for regionally differentiated social security contributions
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
ESA approves revised Norwegian scheme for regionally differentiated social security contributions* The EFTA Surveillance Authority (ESA) has today approved a revised Norwegian scheme under which employers in very sparsely populated areas pay reduced social security contributions. The measure (...)

The EU Court of Justice AG Pikamäe delivers an opinion concerning the fiscal advantages granted by Luxembourg to a subsidiary of a major car manufacturing company which could substantially change the Commission’s approach in assessing member states’ tax rulings (Fiat / Ireland)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1930 visits
,
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33900 visits
On 16 December 2021, Advocate General Priit Pikamäe delivered an Opinion in Case C-898/19 P, Ireland v Commission and Others, concerning fiscal advantages granted by Luxembourg to a Fiat group subsidiary, which – if followed by the European Court of Justice – could substantially change the (...)

The EU Court of Justice AG Priit Pikamäe suggests the Court annul the Commission’s decision declaring an aid granted as being incompatible with the internal market (Fiat)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102222 visits
Tax ruling: Advocate General Priit Pikamäe proposes that the Court allow the appeal brought by Ireland and annul the Commission’s decision declaring aid which Luxembourg granted to Fiat as being incompatible with the internal market* He proposes, however, that the appeal brought separately (...)

The EFTA Surveillance Authority approves the renewal of a Norwegian loan guarantee scheme for businesses amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
COVID-19 pandemic: ESA approves renewal of Norwegian loan guarantee scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the renewal of a Norwegian loan guarantee scheme that will help ensure access to finance for businesses facing acute liquidity shortages due to (...)

The EU Commission approves 2022-2027 regional aid map for Germany
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Germany* The European Commission has approved under EU State aid rules Germany’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission approves 2022-2027 regional aid map for Latvia
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Latvia* The European Commission has approved under EU State aid rules Latvia’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EFTA Surveillance Authority adopts revised State aid guidelines to promote risk finance investments and on short-term export credit insurance
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
ESA adopts revised state aid guidelines on state aid to promote risk finance investments and on short-term export credit insurance* The EFTA Surveillance Authority (ESA) has adopted two sets of revised guidelines in the field of state aid: one on the promotion of risk finance investments and (...)

The EU General Court annuls a Commission decision that found the measures taken by Romania to support a petrochemical company to be incompatible State aid (Oltchim)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1930 visits
,
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33900 visits
On 15 December 2021, the Tenth Chamber of the General Court (Extended Composition) annulled a Commission decision that found the measures taken by Romania to support Oltchim – a petrochemical company – to be incompatible State aid (Case T-565/19, Oltchim v Commission). The facts of the (...)

The EU Commission approves a €150 million Spanish scheme under Recovery and Resilience Facility to support the deployment of passive infrastructure for mobile networks
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €150 million Spanish scheme under Recovery and Resilience Facility to support deployment of passive infrastructure for mobile networks* The European Commission has approved, under EU State aid rules, a €150 million Spanish scheme made available through the (...)

The EU Commission approves Greek public funding of around €217 million for the construction of the new section of the Olympia Odos Motorway
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves Greek support for the construction of Patra-Pyrgos section of Olympia Odos Motorway* The European Commission has approved, under EU State aid rules, Greek public funding of around €217 million for the construction of the Patra-Pyrgos section of the Olympia Odos (...)

The EU Commission approves €610 million voucher scheme to help small and medium enterprises access high-speed broadband services in Italy
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €610 million voucher scheme to support access to high-speed broadband services by small and medium enterprises in Italy* The European Commission has approved, under EU State aid rules, a €610 million Italian voucher scheme to help small and medium enterprises (...)

The EU Commission approves 2022-2027 regional aid map for Bulgaria
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Bulgaria* The European Commission has approved under EU State aid rules Bulgaria’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission approves 2022-2027 regional aid map for Sweden
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Sweden* The European Commission has approved under EU State aid rules Sweden’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EFTA Surveillance Authority adopts revised State aid guidelines for important projects of common European interest
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
ESA adopts revised state aid guidelines for important projects of common European interest* The EFTA Surveillance Authority (ESA) has today adopted guidelines corresponding to the European Commission’s revised communication on important projects of common European interest (the IPCEI (...)

The EU Commission approves a Croatian scheme worth €783M to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €783 million Croatian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Croatian aid scheme to support electricity production from renewable sources. The measure will (...)

The EU Commission approves a €3B scheme under the Spanish "Recovery and Resilience Plan" to support research, development, innovation, environmental protection and energy efficiency in the automotive value chain
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €3 billion scheme under the Spanish Recovery and Resilience Plan to support research, development, innovation, environmental protection and energy efficiency in automotive value chain* The European Commission has approved, under EU State aid rules, a €3 billion (...)

The Polish regional administrative court in Opole issues decision on the status of an investment launched prior to the approval of aid by the commission
Warsaw School of Economics
Pologne 16 contributions 840 visites
Background & facts of the case On 5 May 2015 Poland notified to the Commission a plan to award aid under an aid scheme involving an exemption from farming tax granted to large enterprises to support their investment in primary agricultural production. The rules providing for the (...)

The EU Commission approves a €133M Swedish scheme to support rail freight and passenger operators affected by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €133 million Swedish scheme to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €133 million (SEK 1,370 million) Swedish scheme to support the rail freight (...)

The EU Commission adopts a new version of its Guidelines on State aid to promote risk finance investments
European Investment Fund (Luxembourg)
Luxembourg 2 contributions 1517 visites
1. Background: consistency with respect to SMEs access to finance support The European Commission (EC) adopted a new version of the Guidelines on State aid to promote risk finance investments (RFG 2022) on 6 December 2021, which will apply as of 1 January 2022. The background is significant, (...)

The EU Commission adopts revised Guidelines on State aid to promote risk finance investments
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission adopts revised Guidelines on State aid to promote risk finance investments* The European Commission has adopted revised Guidelines on State aid to promote risk finance investments(the ’Risk Finance Guidelines’). The revised Guidelines will apply from 1 January 2022. (...)

The EU Commission approves a 2022-2027 regional aid map for Italy
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves 2022-2027 regional aid map for Italy* The European Commission has approved under EU State aid rules Italy’s map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

Procedures

 The US DoJ files a civil antitrust lawsuit against a restaurant chain owner and investment fund operator for violating the pre-transaction notification and waiting-period requirements of the Hart-Scott-Rodino Act (Biglari)
US Department of Justice (Washington)
États-Unis 175 contributions 74080 visites
Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The Italian Administrative Court of First Instance annuls a resolution from the Competition Authority to grant the alleged victim of antitrust infringement access to the infringement investigation file (Italcementi)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
,
Portolano Cavallo (Milan)
Italie 36 contributions 6793 visites
On December 21, 2021, the Italian administrative court of first instance (“TAR Lazio”), which has jurisdiction to review the decisions of the Italian Competition Authority (AGCM or “ICA”), annulled a resolution from the latter to grant the alleged victim of an antitrust infringement access to (...)

The EU Court of Justice rules that it may be possible for a French court to assess damages arising from a defamatory claim made by a Hungarian company against a Czech company if some of the alleged damage occurred within France (Gtflix Tv / DR)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visites
,
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visites
,
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visites
This decision deals with a dispute between Gtflix, an adult film broadcaster based in the Czech Republic, and its competitor, DR, an adult film broadcaster and producer based in Hungary. Gtflix is seeking the removal of derogatory statements made by DR on several websites and internet forums (...)

The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach-of-duty claims (NTN / Stellantis)
Shearman & Sterling (London)
Royaume-Uni 6 contributions 1229 visites
,
Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
,
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 8 contributions 3369 visites
…
English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to (...)

The Latvian Competition Authority publishes guidance for the calculation and recovery of damages arising from violations of competition law
Latvian Competition Council (Riga)
Latvia 122 contributions 23745 visits
The Competition Council has developed a methodological material for the calculation of damages and recovery of damages for violation of competition law* The Competition Council (the CC) has prepared methodological material for the calculation of losses and recovery of losses for violation (...)

The Paris Court of Appeal issues a ruling which affirms that clauses excluding the payment of follow-on damages must be drafted in clear and precise terms (IQVIA IMS Health / EURIS Health Digital Solution)
Simmons & Simmons (Paris)
France 27 contributions 58824 visites
,
Simmons & Simmons (Paris)
France 1 contribution 66 visites
On 8 December 2021, the Paris Court of Appeal (’the Court’) issued an insightful judgment regarding the issue of follow-on actions damages. The sanction of an anti-competitive practice and the exclusionary clause In its decision dated 8 July 2014, the French Competition Authority (’the (...)

Regulatory

 The Italian Government extends its COVID-19 emergency FDI review regime through 2022
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 6 contributions 2118 visites
,
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 5 contributions 2217 visites
,
Cleary Gottlieb Steen & Hamilton (Milan)
Italie 1 contribution 318 visites
…
On December 30, 2021, the Italian Government extended until the end of 2022 Italy’s emergency foreign direct investments (“FDI”) regime, which enables it to review also acquisitions of controlling stakes by European Economic Area (“EEA”) investors, as well as certain minority investments by (...)

The UK Government publishes an open letter to businesses providing more clarity on its upcoming national security and investment regime
Van Bael & Bellis (London)
United Kingdom 8 contributions 1621 visits
,
Van Bael & Bellis (London)
United Kingdom 16 contributions 3478 visits
,
Van Bael & Bellis (London)
Royaume-Uni 11 contributions 2023 visites
On 20 December 2021, the UK government published an open letter to businesses providing more clarity on its upcoming national security and investment regime. The new legal framework, which the UK government calls “the biggest shake-up in 20 years of the UK’s system for screening investments”, (...)

The Luxembourg Parliament transposes into national law EU Directive 2018/1972 establishing the European Electronic Communications Code
Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 276 visites
,
Arendt & Medernach (Luxembourg)
Luxembourg 2 contributions 438 visites
The law of 17 December 2021, which implements Directive (EU) 2018/1972 establishing the European Electronic Communications Code (the “EECC”) into Luxembourg law, has just been published and, as a Christmas present, will enter into force next week-end on 26 December 2021. Ultimately, this new (...)

The French Competition Authority expresses reservations about the concessions envisaged in the context of the ex ante regulation of the upstream wholesale market for a company in broadcasting services (DTT)
French Competition Authority (Paris)
France 739 contributions 394063 visits
In an opinion submitted to the ARCEP, the Autorité expresses reservations about the concessions envisaged in the context of the ex ante regulation of the upstream wholesale market for DTT broadcasting services* Background Referred to by the French Telecommunications and Posts Regulator (...)

The Spanish Government transposes into national law and increases the scope of the EU Directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31622 visits
,
Herbert Smith Freehills (Madrid)
Spain 12 contributions 2115 visits
The amendment of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain (Law 12/2013) was approved by Spanish Congress on 2 December and entered into effect on 16 December 2021. The primary purpose of the amendment is to transpose into Spanish law Directive (EU) (...)

The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments
International Center for Law & Economics (Portland)
États-Unis 16 contributions 7584 visites
Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)* Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of (...)