December 2022

General antitrust

 The US President Biden signs into law the 2023 spending bill which includes dramatically increasing funding for antitrust enforcers, and modernizing merger filing fees
Morgan Lewis (Washington)
United States 12 contributions 3020 visits
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Morgan Lewis (New York)
United States 3 contributions 988 visits
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Morgan Lewis (New York)
United States 9 contributions 2453 visits
In what appears to have been in part a trade for tabling new antitrust legislation, at least for now, the Biden administration dramatically increased funding for the Federal Trade Commission and the Antitrust Division of the Department of Justice. It remains unclear whether this additional (...)

The Portuguese Competition Authority publishes its annual competition priorities and emphasises a need to strengthen investigation operations in the digital sector
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27340 visits
2023 Priorities: AdC strengthens investigation capability in the context of the digital economy* The Portuguese Competition Authority (AdC) publishes today, in its website, the Competition Policy Priorities for the year 2023, which include the strengthening of the investigation capability in (...)

The Bulgarian Competition Authority adopts a report on its sector inquiry into the energy market Free
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 17 contributions 2329 visits
CPC adopted a Sector inquiry of the competitive environment on the markets of production, transmission, supply and share distribution of heating power in the Republic of Bulgaria.* By Decision № 1072/22.12.2022, ruled on case № KZK-318/2020, CPC adopted a Sector inquiry of the competitive (...)

The Portuguese Competition Authority strengthens its toolbox to promote competition and facilitate the detection of anticompetitive behavior in digital markets
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27340 visits
AdC strengthens its toolbox to promote competition and facilitate the detection of anticompetitive behavior in digital markets* The Portuguese Competition Authority (AdC – Autoridade de Concorrência) has been diversifying its toolbox to promote competition and to facilitate the detection and (...)

The French Competition Authority initiates an investigation to analyse the competitive functioning in the land passenger transport sector
French Competition Authority (Paris)
France 726 contributions 379095 visits
Mobility - the Autorité starts proceedings ex officio to analyse the competitive functioning in the land passenger transport sector* Background The Autorité de la concurrence has decided to start ex officio proceedings in order to analyse the competitive functioning of land passenger transport. (...)

The New Caledonian Competition Authority issues a submission on the territory’s air transportation sector
New Caledonia Competition Authority (Noumea)
New Caledonia 23 contributions 1031 visits
The New Caledonia Competition Authority (ACNC) issues a submission on the territory’s air transportation sector* Background With fares consistently 40 to 80% higher than in neighbouring countries, the air transportation market in New Caledonia, although legally open, does not genuinely operate (...)

The Spanish Competition Authority recommends changes to the marketing of futsal broadcasting rights to ensure competition between TV operators
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC recommends changes to the marketing of futsal broadcasting rights to ensure competition between TV operators* The Royal Spanish Football Federation (RFEF in Spanish) puts out to tender the broadcasting rights of the First and Second Futsal Federation for the coming seasons. Madrid, 7 (...)

The New Zealand Competition Authority publishes a report on the construction and building supplies sector, indicating a focus on competition will be beneficial in promoting safe, healthy, and durable homes
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
NZ homeowners and building supplies sector will benefit from focus on competition* Commission Final Report says opening-up opportunities for new products and new methods is essential. The Commerce Commission’s final report from a year-long market study into residential building supplies sets (...)

Anticompetitive practices

 The Lithuanian Competition Authority fines a professional association of real estate brokers and its members €969,060 for concluding no-poach and market sharing agreements (LAREA)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19280 visits
REAL ESTATE AGENCIES AGREED NOT TO COMPETE FOR CLIENTS AND EMPLOYEES* The Lithuanian competition authority Konkurencijos taryba has established that the Lithuanian Association of Real Estate Agencies (LAREA) and its 39 members agreed not to solicit each other’s clients and brokers, and thus (...)

The Austrian Cartel Court finds that a retailer infringed cartel law by entering into illegal vertical agreements with manufacturers upon an application by the Competition Authority (Georg Hausmann)
Austrian Competition Authority (Vienna)
Austria 55 contributions 5964 visits
School Bag Cartel: Cartel Court finds infringement by Georg Hausmann KG upon AFCA application* Following an application submitted by the Austrian Federal Competition Authority (AFCA), the Cartel Court found an infringement by Georg Hausmann KG, issuing its decision on the 5th of December 2022 (...)

The Belgian Competition Authority confirms opening investigation into agreements to pool the ATMs of the four largest banks in the country into a single network (Batopin Project)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21279 visits
The Belgian Competition Authority confirms having opened an investigation into the Batopin project* The Investigation and Prosecution Service of the Belgian Competition Authority is currently investigating the agreement to pool the ATMs of the four largest banks in the country into a single (...)

The Italian Council of State confirms the existence of a cartel in the market for corrugated cardboard sheets and corrugated cardboard packaging but asks the Competition Authority to reformulate the fines (GIFCO)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2297 visites
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Luiss Guido Carli University (Rome)
Italie 15 contributions 11083 visites
In 2019, the Italian Competition Authority (ICA) concluded an investigation and found that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated cardboard sheets and the market for corrugated cardboard packaging, respectively, in violation (...)

The EU Commission accepts the commitments of a multinational e-commerce platform to address concerns over its discriminatory practices and use of non-public data to unfairly bolster its own retail business (Amazon)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 132 visits
On 17 February 2023, the European Commission (the “Commission”) published its commitments decision dated 20 December 2022 in Case AT.40462 – Amazon Marketplace and AT.40703 – Amazon Buy Box. The Commission made the commitments offered by Amazon to resolve its alleged abuses of dominance legally (...)

The New Zealand Competition Authority files proceedings against a hardware retailer for using a land covenant to prevent a rival hardware store being built thereby substantially lessening competition (NGB Properties)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commission files proceedings in anti-competitive land covenant case* The Commerce Commission has filed proceedings in the High Court in Wellington against NGB Properties Limited (NGB) for allegedly contravening section 28 of the Commerce Act. Section 28 prohibits land covenants that have the (...)

The Hong Kong Competition Authority conducts search for anti-competitive conduct regarding fish wholesale in Aberdeen (Aberdeen Fish Market)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9896 visits
Competition Commission conducts search regarding fish wholesale case in Aberdeen* The Competition Commission (Commission), assisted by the Hong Kong Police Force, executed search warrants this morning at a number of premises, including a vessel, at the Aberdeen Wholesale Fish Market (Fish (...)

The Canadian Competition Authority announces that the Public Prosecution Service has filed a preferred indictment against five contractors for alleged conspiracy to divide up contracts for refurbishment services for social housing units (Geoff Gregoire / Guy Pringle / James Kauk / Ryan Lamont / Doug Gunnarson)
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
Contractors in Brandon, Manitoba, charged with conspiracy related to social housing projects* News release The Competition Bureau announced today that the Public Prosecution Service of Canada filed a preferred indictment against five contractors in Brandon, Manitoba, for alleged conspiracy to (...)

The Australian Competition Authority charges two construction waste companies and a chief executive for fixing prices (Aussie Skips Recycling / Aussie Skips Bin Services / Emmanuel Roussakis)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 78000 visits
Aussie Skips and its chief executive charged with alleged waste services cartel offences* Waste companies Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips) have been charged with two criminal cartel offences relating to price fixing for demolition waste services in (...)

The Spanish Competition Authority initiates disciplinary proceedings against 7 companies for alleged market allocation and bid rigging in the market for food distribution to schools, nursing homes and prisons (Asesores Llangón/ Frutícolas Ateca / Hermanos Vidal / Leonesa de Patatas / Plataforma Femar / Serviline Foods / Distribuciones Cebollada)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC initiates disciplinary proceedings against several food distribution companies* The CNMC is investigating the allocation of clients and the possible manipulation of tenders related to the supply of food to schools, nursing homes and prisons, among other communities. Madrid, 16 (...)

The EU Court of Justice AG Rantos suggests that two international football associations’ rules under which any new competition is subject to prior approval is compatible with EU competition law (ESLC / UEFA / FIFA) Free
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94367 visits
Advocate General Rantos: The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law* Whilst ESLC is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the (...)

The EU Court of Justice AG Rantos issues two opinions arguing that two international sports associations may impose pre-authorisation requirements on third party events without violating EU competition law (ESLC / UEFA / FIFA)
White & Case (Brussels)
Belgium 54 contributions 55950 visits
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White & Case (Geneva)
2 contributions 718 visites
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White & Case (Brussels)
Belgique 3 contributions 476 visites
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose pre-authorisation requirements on third party events without violating EU (...)

The EU Court of Justice AG Rantos advises that the judgement of the General Court is set aside, reasoning that sporting club rules do not breach competition law where they are proportionate and objectively justified (International Skating Union)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90625 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in which he recommended that the Court of Justice of the EU should set aside a General Court judgment largely upholding a 2017 Commission decision that the eligibility rules of the International Skating Union (the “ISU”) had (...)

The EU Court of Justice AG Rantos proposes that the judgment of the General Court confirming the anticompetitive nature of rules of an international ice skating organisation should be set aside when the rules pursue a legitimate sporting objective and are proportionate (International Skating Union) Free
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94367 visits
Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside* He proposes that the case be referred back to the General Court The International Skating Union (‘the ISU’) (...)

The EU Court of Justice AG Rantos issues an opinion arguing that sporting associations may sanction their members for participating in rival competitions without prior approval (ESLC / UEFA / FIFA)
University Heinrich Heine (Düsseldorf)
Allemagne 1 contribution 54 visites
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WU Vienna University of Economics and Business
1 contribution 54 visites
By now the issues surrounding the Super League need no further introduction. On the one hand, there are monopolists that potentially abuse their dominant position, whereas, on the other hand, there is a controversial collective of clubs, seeking to change or expand Europe’s current football (...)

The EU Court of Justice AG Rantos issues an opinion suggesting that prior approval rules by sports-governing bodies do not conflict with EU competition law (ESLC / UEFA / FIFA)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90625 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in the European Superleague Company case in which he recommended that the FIFA-UEFA rules on the prior approval of new sports competitions should be held to be compatible with Articles 101 and 102 TFEU. The AG considered that, (...)

The Spanish Competition Authority investigates several operators in the Spanish energy sector
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC is investigating several operators in the Spanish energy sector.* Between 28 November and 2 December, the CNMC inspected the headquarters of several companies operating in this sector. The Commission is analysing alleged anti-competitive practices that could violate the Spanish (...)

The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 87980 visits
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Bonn & Schmitt (Luxembourg)
Luxembourg 1 contribution 71 visites
Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 and (...)

The Lithuanian Competition Authority fines a pharmaceutical association and pharmaceutical companies for collusion while participating in margin-setting
Van Bael & Bellis (Brussels)
France 37 contributions 20612 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 23547 visits
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According to the attached press release of yesterday’s date, the Lithuanian competition authority ( Konkurencijos Taryba or KT ) levied total fines of more than EUR 72 million on the Lithuanian Pharmacy Association and 8 individual pharmaceutical companies. While KT imposed a record fine, the (...)

The Australian Federal Court finds that a steel producer and its former manager attempted to induce price fixing agreements (BlueScope / Jason Ellis)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 78000 visits
BlueScope and its former general manager Jason Ellis attempted to induce steel price fixing agreements* In civil cartel proceedings brought by the ACCC, the Federal Court has found that BlueScope Steel Limited and its former general manager of sales and marketing, Mr Jason Ellis, engaged in (...)

The Australian Competition Authority takes a CEO and a firm providing mining and technical services to oil and gas companies to court over market sharing and bid rigging conduct (Qteq Pty / Simon Ashton)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 78000 visits
Oil and gas services company Qteq in court for alleged cartel conduct* The ACCC has today filed civil cartel proceedings in the Federal Court against mining equipment and technology services company Qteq Pty Ltd (Qteq) and its executive chairman, Simon Ashton. It is alleged that on seven (...)

The Turkish Competition Authority rejects the trademark rights defence following its re-evaluation of commitment requests by two online used-car platforms in an alleged hardcore infringement investigation (Arabam.com / Vava Cars)
ACTECON (Istanbul)
Turkey 22 contributions 3385 visits
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ACTECON (Istanbul)
Turkey 17 contributions 2473 visits
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ACTECON (Istanbul)
Turkey 3 contributions 625 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) launched a full-fledged investigation (“Investigation”) against Arabam Com İnternet ve Bilgi Hizmetleri A.Ş. (“Arabam.com”), Vava Cars Turkey Otomotiv A.Ş. (“VAVA CARS”), Araba Sepeti Otomotiv Bilişim Danışmanlık Hizmetleri Sanayi ve Ticaret A.Ş. (...)

The EU General Court dismisses an appeal in its entirety and confirms a fine of €9.44M for three retail food packaging companies which colluded to fix prices and allocate customers (CCPL)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90625 visits
On 7 December 2022, the General Court dismissed the appeal brought by Consorzio Cooperative di Produzione e Lavoro, Coopbox Group and Coopbox Eastern (together, the “Applicants”) against a re-adopted Commission decision in the Retail Food Packaging cartel case (Case T-130/21, CCPL and Others v (...)

The Mexican Competition Authority investigates the national flat glass market and products manufactured from flat glass
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
Cofece investigates the national flat glass market and products manufactured from flat glass* The Investigative Authority has indications of the possible realization of agreements to manipulate, restrict or limit supply, segment the market, to agree or coordinate bids in tenders or to exchange (...)

The EU Commission sends Statement of Objections to two banks over collusion in the market for trading Euro-denominated bonds (Deutsche Bank / Rabobank)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691819 visits
Antitrust: Commission sends Statement of Objections to Deutsche Bank and Rabobank over Euro-denominated bonds trading cartel case* The European Commission has informed Deutsche Bank and Rabobank of its preliminary view that they breached EU antitrust rules by colluding to distort competition (...)

The Mexican Competition Authority finds in its study that competition problems in insurance of medical expenses negatively affect consumers
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
Competition problems in insurance of medical expenses affect consumers: Cofece* The Study identified problems that reduce the intensity of competition, such as high costs for switching insurers, the way insurance agents are remunerated, opacity in hospital services, legal uncertainty for the (...)

The Italian Competition Authority warns that shifting ATM and POS fees from banks to consumers would restrict competition (Bancomat)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2297 visites
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Luiss Guido Carli University (Rome)
Italie 15 contributions 11083 visites
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Luiss Guido Carli University (Rome)
Italie 7 contributions 4126 visites
Bancomat S.p.A. (formerly Consorzio Bancomat and hereinafter also referred to as ’Bancomat’) is the company that manages the Bancomat and PagoBancomat withdrawal and payment circuits, as well as the related cards, which can be used to make withdrawals at Automated Teller Machines (ATMs) and (...)

The US District Court of Connecticut gives a ruling in a motion filed by the defendants in the aerospace’s labor market allocation case to dismiss an indictment on various grounds related to the per se rule (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Robert Connolly Law (Philadelphia)
United States 22 contributions 4854 visits
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule in a criminal trial. These grounds include: 1) the conduct charged (...)

The Italian Council of State quashes an Article 102 TFEU infringement decision against an energy company on the grounds of misapplication of relevant facts to sustain an Article 102 TFEU infringement (Enel)
Municipality of Cagliari
158 contributions 131052 visits
The Italian Council of State quashes an Article 102 TFEU infringement decision against the formal energy monopolist By the appeal judgment issued in Servizio Elettrico Nazionale v Autorità Garante della Concorrenza e del Mercato (SEN v AGCM), the Council of State (CoS), the Italian supreme (...)

Unilateral Practices

 The Polish Competition Authority fines the nation’s largest online trading platform for favoring its own downstream online store (Allegro)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19618 visits
President of UOKiK issued two decisions concerning Allegro’s practices* Tomasz Chróstny, President of UOKiK, has issued two decisions imposing over PLN 210 million in penalties on Allegro. The first decision concerns a breach of competition rules. The economic operator was unlawfully abusing its (...)

The Italian Council of State annuls a €10.86M fine imposed on a ticket-seller for concluding exclusive agreements and a series of anticompetitive mergers (TicketOne)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2297 visites
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Luiss Guido Carli University (Rome)
Italie 7 contributions 4126 visites
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Luiss Guido Carli University (Rome)
Italie 15 contributions 11083 visites
The dispute concerns the measure of the Italian Competition Authority (ICA) no. 28495 of 22 December 2020, proceeding A523, concerning the finding of an abuse of a dominant position and the imposition of a fine of EUR 10,868,472 on CTS, TicketOne S.p.A., Di and Gi S.r.l. in bankruptcy, F&P (...)

The French Competition Authority fines a vehicle roadworthiness test company for abuse of a dominant position in Guadeloupe (CTPL)
French Competition Authority (Paris)
France 726 contributions 379095 visits
The Autorité de la concurrence fines CTPL-AG for abuse of a dominant position* The Autorité de la concurrence fines CTPL-AG for excessive prices in the market for roadworthiness tests for heavy-duty vehicles and for favouring its sister company, which is active in the related market for (...)

The German Competition Authority secures a licensing deal on behalf of news publishers as part of a now-concluded investigation into the world’s largest search engine (Google News Showcase)
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
Improvements for publishers using Google News Showcase* Bonn, 21 December 2022: The Bundeskartellamt has concluded its proceeding against Google/Alphabet with regard to the “Google News Showcase” online news service after Google made a number of important adjustments to the benefit of (...)

The EU Commission accepts the commitments of a Big Tech online marketplace to address concerns over discriminatory practices and its use of non-public data to unfairly bolster its own retail business (Amazon) Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691819 visits
Antitrust: Commission accepts commitments by Amazon barring it from using marketplace seller data, and ensuring equal access to Buy Box and Prime* The European Commission has made commitments offered by Amazon legally binding under EU antitrust rules. Amazon’s commitments address the (...)

The Portuguese Competition Authority sanctions supplier of food supplements for resale price maintenance (Farmodiética - Cosmética)
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27340 visits
AdC sanctions supplier of food supplements* The AdC has sanctioned Farmodiética - Cosmética, Dietética e Produtos Farmacêuticos, S.A., for fixing and imposing retail prices to distributors. The case concluded earlier due to the collaboration of the company, which admitted its liability and agreed (...)

The EU Commission sends a Statement of Objections to a social network firm over alleged unfair trading practices and abusive tying of the firm’s online marketplace (Meta / Facebook Marketplace)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691819 visits
Antitrust: Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace* The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified ads. (...)

The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
Jones Day (Shanghai)
China 51 contributions 23318 visits
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Jones Day (Beijing)
China 12 contributions 2157 visits
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Jones Day (Beijing)
China 44 contributions 20261 visits
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In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

The French Competition Authority fines a provider of supplementary social protection services €800,000 for misleading consumers over the relationship between the firm and its subsidiary and sharing access to its databases with its subsidiary (Audiens Santé-Prévoyance / Movinmotion)
French Competition Authority (Paris)
France 726 contributions 379095 visits
The Autorité de la concurrence fines Audiens Santé-Prévoyance, in a dominant position on the markets for collective supplementary social protection for entertainment workers, for abuse of a dominant position in the market for payroll management services for entertainment workers, in which its (...)

The Seoul High Court upholds the South Korean FTC’s decision to sanction “self-preferencing” as an abuse of dominance (NAVER shopping)
Korea University (Seoul)
South Korea 1 contribution 69 visits
It would no longer be surprising to see competition or regulatory authorities blaming digital platforms for favouring their own services on their own platforms. In particular, in Europe, seeing the General Court’s Google decisions (see e.g., Johannes Persch’s blog posts on Shopping and Android (...)

The French Competition Authority rejects request by a mobile telephone equipment hosting company to lift competition commitments due to likelihood of abuse of dominant position (TDF)
French Competition Authority (Paris)
France 726 contributions 379095 visits
Hosting of antennas on pylon sites: the Autorité de la concurrence rejects TDF’s request to lift its commitments* Background The Autorité de la concurrence has rejected TDF’s request to lift the commitments made mandatory by Decision 15-D-09 of 4 June 2015. The Autorité considers that while the (...)

The US DoJ announces the unsealing of criminal charges against 12 individuals in wide-ranging scheme to monopolize the transmigrante industry and extort competitors near the US-Mexico border
US Department of Justice (Washington)
United States 163 contributions 67823 visits
Criminal Charges Unsealed Against 12 Individuals in Wide-Ranging Scheme to Monopolize Transmigrante Industry and Extort Competitors Near U.S.-Mexico Border* Charges Include Use of Violence, Threats and Extortion to Fix Prices, Allocate the Market and Eliminate Competition The U.S. Department (...)

Mergers

 The Maltese Competition Authority announces to the general public that a notification of a concentration between a drug development and manufacturing company and an injectables drug company has been filed (Gland Pharma / Phixen)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 12 contributions 670 visits
Notification of Concentration* In terms of regulation 5(4) of the Control of Concentrations Regulations, 2002 published in Legal Notice 294 of 2002, the Director General of the Office for Competition notifies for general information that a notification of a concentration between Gland Pharma (...)

The Canadian Competition Authority permits the acquisition of a pulp and paper producer by a rival subject to a promise to divest two mills (Domtar / Resolute Forest Products)
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
Competition Bureau reaches agreement with Domtar Corporation to preserve competition in Canada’s pulp and paper industry* The Competition Bureau has entered into a consent agreement with Domtar Corporation to address competition concerns with its acquisition of Resolute Forest Products Inc. A (...)

The Canadian Competition Authority announces an agreement reached to preserve competition in the pulp and paper industry (Domtar/Resolute Forest Products)
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19727 visits
Overview Canada’s Competition Bureau (‘Bureau’) assists the Commissioner of Competition (‘Commissioner’) in the administration and enforcement of the Competition Act (‘Act’). On 29 December 2022 it announced that an agreement was reached with the Commissioner and Domtar Corporation (‘Domtar’) that (...)

The Canadian Competition Tribunal dismisses the Competition Authority’s challenge over a merger between two of Canada’s four biggest broadband providers (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
Statement from the Commissioner of Competition on the Competition Tribunal’s Information Note regarding the Rogers-Shaw merger* Matthew Boswell, Commissioner of Competition, issued the following statement regarding the Competition Tribunal’s Information Note indicating it intends to dismiss the (...)

The Hellenic Competition Authority clears the acquisition of supermarket stores by a rival following a Phase I investigation subject to commitments (Synergazomeni Pantopoles / Kritikos Anedik)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15759 visits
Clearance of the acquisition of SYNERGAZOMENI PANTOPOLES by KRITIKOS ANEDIK under commitments* SUBJECT: Clearance of the proposed acquisition regarding the change in control over the company SYNERGAZOMENI PANTOPOLES S.A., from the exclusive control of the company ELLINIKA MARKETS S.A. in the (...)

The Italian Competition Authority releases guidance on how it intends to apply its merger-review powers to transactions that do not meet the requisite thresholds
Portolano Cavallo (Milan)
Italy 60 contributions 8857 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 5996 visits
On December 27, 2022, the Italian Competition Authority (the “AGCM” or “Authority”) published a notice (“Notice”) setting forth procedural rules for application of Article 16, paragraph 1-bis, of Law No. 287/90 (“Italian Competition Act”), which was introduced by Article 32 Law No. 118 of August 5, (...)

The Italian Competition Authority publishes merger guidance on its powers to review below-threshold mergers
Freshfields Bruckhaus Deringer (Rome)
Italy 17 contributions 67336 visits
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Freshfields Bruckhaus Deringer (Rome)
Italie 1 contribution 80 visites
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Freshfields Bruckhaus Deringer (Rome)
Italie 1 contribution 80 visites
As anticipated in one of our previous blog posts, the “2021 Competition Law”, enacted in August 2022, granted the Italian Antitrust Authority ( IAA ) a new power to request undertakings to notify concentrations falling below the turnover thresholds which trigger a merger filing obligation. The (...)

The US Congress enacts significant changes to Hart-Scott-Rodino Act in terms of filing fees and disclosure requirements
Dechert (Washington)
United States 15 contributions 2445 visits
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Dechert (New York)
États-Unis 9 contributions 1321 visites
Key takeaways The newly enacted Merger Filing Fee Modernization Act significantly changes filing fees for HSR filings. The changes are expected to take effect in 2023; the exact date is still to be announced. Applicable HSR filing fees for many transactions valued under US$1 billion will (...)

The US Senate increases merger filing fees for large merger deals
White & Case (Washington)
États-Unis 46 contributions 26388 visites
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White & Case (Washington)
États-Unis 17 contributions 6412 visites
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White & Case (Washington)
États-Unis 30 contributions 18258 visites
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Filing fees under the Hart-Scott-Rodino (HSR) Act have not been altered for 20 years, but that is about to change, and dramatically in 2023. President Biden is expected to sign into law the Consolidated Appropriations Act, 2023, which includes the Merger Filing Fee Modernization Act of 2022 (...)

The US Congress enacts substantial increase in U.S. merger notification filing fees for large deals
Jones Day (Washington)
États-Unis 19 contributions 6192 visites
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Jones Day (Washington)
États-Unis 10 contributions 2404 visites
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Jones Day (Chicago)
États-Unis 10 contributions 1378 visites
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The Consolidated Appropriations Act, 2023 increases Hart-Scott-Rodino Act filing fees for large transactions, decreases filing fees for small transactions, and requires changes to the HSR Form. The Consolidated Appropriations Act, 2023 ("CAA"), the omnibus spending bill that Congress passed to (...)

The US Congress overhauls merger filing fees and thresholds
McDermott Will & Emery (Washington)
États-Unis 3 contributions 974 visites
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McDermott Will & Emery (Washington)
États-Unis 30 contributions 6295 visites
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McDermott Will & Emery (Washington)
United States 35 contributions 5693 visits
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Congress has passed—and President Biden is expected to sign into law today—the Merger Filing Fee Modernization Act, which will significantly change antitrust merger notification regulations under the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. § 18a. Included in the changes is language (...)

The US FTC and DOJ intensify antitrust scrutiny and step up enforcement of antitrust prohibitions
White & Case (Washington)
États-Unis 17 contributions 6412 visites
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White & Case (Washington)
États-Unis 5 contributions 1946 visites
The federal government continues to aggressively pursue its antitrust agenda, seeking to block several headline deals, rejecting remedy offers, increasing filing fees for the largest deals and setting out new guidelines Merger filings in the US remain above historical averages and enforcement (...)

The Belgian Brussels Court of Appeal rejects a supermarket’s request to suspend a merger between two of its rivals on the grounds that they jumped the gun (Carrefour / Intermarché / Mestdagh)
Altius (Brussels)
Belgique 8 contributions 14338 visites
,
Altius (Brussels)
Belgique 2 contributions 1548 visites
Introduction On 23 December 2022, the Brussels Court of Appeal (the Market Court) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (BCA’s) decision of 9 November 2022, which authorised the concentration between Intermarché AB (ITM) and Mestdagh. (...)

The Australian Competition Authority approves the proposed acquisition of four hotels by an alcohol retailer and hotel operator following a promise to spin off a bottle shop business (Endeavour / Beach Hotel / Tower Hotel)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Endeavour revises acquisition of four hotels in South Australia* The ACCC will not oppose the proposed acquisitions of the Beach Hotel and Tower Hotel by Endeavour Group Limited (ASX:EDV), after accepting a court-enforceable undertaking offered by Endeavour to divest its BWS Seaford bottle (...)

The US Senate makes significant filing fee changes under the new Merger Modernization Act
Shearman & Sterling (Washington)
États-Unis 15 contributions 4551 visites
,
Shearman & Sterling (New York)
États-Unis 20 contributions 7915 visites
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Shearman & Sterling (Washington)
États-Unis 20 contributions 12181 visites
…
On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 also known as The Omnibus Funding Bill (the “Bill”). The Bill includes the Merger Filing Fee Modernization Act which provides for significant changes to the current filing fees under the (...)

The French Competition Authority identifies competition problems in a proposed merger between supermarkets and requires the divestment of the hypermarket business as well as measures around the land leases (Parfait Group / Géant Casino La Batelière)
French Competition Authority (Paris)
France 726 contributions 379095 visits
Distribution of food products in Martinique: the Parfait Group commits itself to divesting the Géant Casino La Batelière hypermarket in Martinique in response to competition problems identified by the Autorité de la concurrence* Background On 23 September 2021, the Parfait group notified the (...)

The Spanish Competition Authority initiates proceedings against a telecom on the grounds that the firm has breached commitments it made when acquiring a television company (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC initiates disciplinary proceedings against Telefónica* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Among others, it committed to avoiding long-term obligations for its customers, directly or indirectly related to (...)

The UK Competition Authority finds that a poultry feed deal could lead to higher costs for farmers (ForFarmers / Boparan)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
Poultry feed deal could lead to higher costs for farmers* The anticipated joint venture between ForFarmers and Boparan could lead to farmers paying higher prices to feed their poultry, the CMA has found. ForFarmers and Boparan (through 2Agriculture) both manufacture and supply chicken and (...)

The Australian Competition Authority seeks further views on the merger between two major suppliers of cash-in-transit services due to its effect on competition (Armaguard / Prosegur)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
ACCC seeks further views on Armaguard and Prosegur merger* The ACCC has released a statement of preliminary views regarding Armaguard and Prosegur’s application to the ACCC for merger authorisation. Armaguard and Prosegur are the two largest suppliers of cash-in-transit services in Australia (...)

The Cypriot Competition Authority receives notification of an acquisition for part of the share capital of an artificial intelligence provider by a global alternative asset manager (R Systems International / Blackstone / BCP Asia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7310 visits
Notification of a concentration concerning the acquisition of part of the share capital of R Systems International Limited by Blackstone Inc., via BCP Asia II Topco II Pte. Ltd The Service of the Commission for the Protection of Competition has received a notification of a concentration (...)

The Australian Competition Authority refuses to grant authorisation for regional mobile network arrangements between two major telecommunication companies due to the high probability that it would substantially lessen competition (Telstra / TPG)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
ACCC decides not to grant authorisation for Telstra and TPG regional network deal* The ACCC has decided not to authorise proposed regional mobile network arrangements between Telstra Corporation Limited (ASX:TLS and ASX:TL1) and TPG Telecom Limited (ASX:TPG). Under the statutory test, the (...)

The Cypriot Competition Authority receives notification of an acquisition for part of the share capital of a software company by an asset management services provider (Nitro Software / KKR / Cascade)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7310 visits
Notification of a concentration concerning the acquisition of part of the share capital of Nitro Software Limited by KKR & Co. Inc., via Cascade Parent Limited* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the (...)

The New Zealand Competition Authority receives notification of an intended acquisition by a provider of passive telecoms infrastructure of assets belonging to telecommunications company (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Connexa seeks clearance to acquire passive mobile tower assets of 2degrees* The Commerce Commission has received a clearance application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks Limited and Two Degrees (...)

The EU Commission opens an in-depth investigation into the acquisition of a software provider by a hardware manufacturer over fears that permitting the merger would lead to reduced interoperability and the foreclosure of rivals (VMware / Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of VMware by Broadcom* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of VMware by Broadcom. The Commission is particularly concerned (...)

The Portuguese Competition Authority opens an in-depth investigation into a merger in the medical devices market (Boston Scientific / M.I Tech)
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27340 visits
AdC opens in-depth investigation into merger in the medical devices market* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) has decided to open an in-depth investigation into the merger involving the acquisition by Boston Scientific Corporation (BSC), through its (...)

The Irish Competition Authority decides to carry out a Phase II investigation of the proposed acquisition of a rival by a car parking management services company (Q-park / Tazbell)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC to carry out a Phase 2 investigation of Q-Park’s proposed acquisition of Tazbell Services* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition of Tazbell Services Group Designated Activity Company (...)

The EU Commission publishes practical information for merging parties on how to seek guidance about Article 22 referral
White & Case (Brussels)
Belgium 33 contributions 12191 visits
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White & Case (Düsseldorf)
France 31 contributions 12706 visits
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White & Case (London)
United Kingdom 25 contributions 12675 visits
The European Commission has published a Frequently Asked Questions and Answers ("Q&A") document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy. The Q&A in particular addresses how transaction parties can (...)

The UK Competition Authority greenlights a merger between two construction firms subject to the divestment of a chemicals business (Sika / MBCC)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
CMA accepts fast-track remedy in chemicals deal* The CMA has accepted a remedy from Sika and MBCC preventing their global merger from harming the UK construction industry. The CMA has accepted a remedy from Sika and MBCC preventing their global merger from harming the UK construction (...)

The Irish Competition Authority prohibits the acquisition of a pharmacy solutions provider by a healthcare services provider (Uniphar / NaviCorp)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC prohibits Uniphar’s proposed acquisition of NaviCorp* The Competition and Consumer Protection Commission (CCPC) has determined that the proposed acquisition of pharmacy solutions business, NaviCorp Limited (trading as Navi Group), by healthcare services provider, Uniphar PLC, (merger (...)

The Irish Competition Authority publishes its decision to block the acquisition of a pharmacy solutions business by a healthcare services provider (Uniphar / NaviCorp)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC publishes detailed determination on decision to block Uniphar’s proposed acquisition of NaviCorp* The Competition and Consumer Protection Commission (CCPC) has published its full determination on the decision to block Uniphar’s proposed acquisition. Under the terms of the Competition Act (...)

The French Competition Authority opens an in-depth examination into the creation of a joint venture by two agriculture firms to produce fattened duck products (Euralis / Maïsadour)
French Competition Authority (Paris)
France 726 contributions 379095 visits
Agrifood: The Autorité de la concurrence opens an in-depth examination into the creation of a joint venture by the Euralis and Maïsadour groups* Background On 2 May 2022, the Euralis and Maïsadour groups notified the Autorité de la concurrence of their plan to merge through the creation of a (...)

The New Caledonian Competition Authority greenlights the acquisition of an automobile distributor and vehicle maintenance company by a rival (Société d’Exploitation Technicar / Johnston & Compagnie)
New Caledonia Competition Authority (Noumea)
Nouvelle-Calédonie 23 contributions 1031 visites
The Autorité clears the acquisition of Technicar by Johnston et Compagnie* The Autorité authorized the takeover of SARL Société d’Exploitation Technicar by Johnston & Compagnie SAS. Johnston & Compagnie is owned by SARL Holding Groupe Jeandot, which heads the group of companies owned by (...)

The Australian Competition Authority initiates a review into a potential merger between two banking groups (ANZ / Suncorp)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
ACCC begins ANZ, Suncorp merger authorisation review* The ACCC today commenced its formal consideration of ANZ Banking Group’s proposed acquisition of the banking arm of Suncorp. The ACCC received the merger authorisation application on Friday 2 December. The transaction will be reviewed in (...)

The Australian Competition Authority raises competition concerns about the proposed acquisition of a liquor company by a hospitality company (Endeavour / Beachfront)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Endeavour’s proposed acquisition of Beachfront Hotel raises preliminary concerns* The ACCC has outlined preliminary competition concerns with Endeavour Group Limited’s (ASX:EDV) proposed acquisition of the Beachfront Hotel in Rapid Creek, just north of Darwin, in a statement of issues published (...)

The New Zealand Competition Authority unconditionally clears the acquisition of a hospital by a healthcare facility after determining the merger is unlikely to substantially lessen competition in the market (Central Healthcare / Crest Hospital)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Central Healthcare cleared to acquire ownership interest in the Crest Hospital in Palmerston North* The Commerce Commission has granted clearance for Central Healthcare Operations Limited to acquire 100% of the shares in Aorangi Hospital Limited. At present, Aorangi and Southern Cross (...)

The UK Competition Authority raises concerns over a merger between two firms providing rail signalling (Hitachi / Thales)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
Rail signalling deal could push up fares for passengers* Hitachi’s anticipated purchase of Thales’ rail infrastructure business could lead to higher fares in future, the CMA has found. Signalling systems are used across mainline rail and urban metro routes – such as the London Underground – to (...)

The US Competition Authority seeks to block a Big Tech company’s acquisition of a video game publisher (Microsoft / Activision Blizzard)
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37737 visits
FTC Seeks to Block Microsoft Corp.’s Acquisition of Activision Blizzard, Inc.* Agency alleges that maker of Xbox would gain control of top video game franchises, enabling it to harm competition in high-performance gaming consoles and subscription services by denying or degrading rivals’ access (...)

The Australian Competition Authority raises preliminary competition concerns over the acquisition of a supermarket by a rival (Woolworths / SUPA IGA Karabar)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Woolworths’ proposed acquisition of SUPA IGA Karabar raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Woolworths’s (ASX:WOW) proposed acquisition of the independent supermarket operating as SUPA IGA in Karabar, and co-located liquor store (...)

The UK Competition Authority finds that a merger between two hearing implant providers could lead to higher prices for the national health service, reduced quality and slower innovation for UK patients who rely on hearing aids (Cochlear / Oticon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
Hearing implants merger could mean worse deal for NHS and patients* The merger of 2 leading providers of hearing implants could lead to higher prices for the NHS, and reduced quality and slower innovation for UK patients who rely on these life-changing devices. The Competition and Markets (...)

The EU Commission adopts a Statement of Objections outlining measures to unwind a blocked acquisition of a nascent biotech company by a big biotech firm (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
Mergers: The Commission adopts a Statement of Objections outlining measures to unwind Illumina’s blocked acquisition of GRAIL* The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the restorative measures it intends to adopt under the EU Merger (...)

The Cypriot Competition Authority receives notification of an acquisition for the share capital of a Greek real estate firm by a real estate investment company (Invel Real Estate Partners / Dacapo Holdings)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7310 visits
Notification of concentration concerning the acquisition of the share capital of Invel Real Estate Partners Greece SAS by Dacapo Holdings Limited, via Invel Re Holdings (Cyprus) Limited* The Service of the Commission for the Protection of Competition has received a notification of a (...)

The Spanish Competition Authority opens a Phase II investigation into a merger between two distributors of periodicals (Logista Publicaciones / Distrisur)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC is conducting a second phase investigation into the Logista Publicaciones/Distrisur merger.* The transaction involves risks for competition in the market for the distribution of periodicals, which is why the Commission will analyse the operation in depth. Logista Publicaciones has (...)

The Australian Competition Authority gives the go-ahead to a merger between two price comparison websites (iSelect / Innovation Holdings)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Compare the Market’s proposed acquisition of iSelect not opposed* The ACCC will not oppose Innovation Holdings Australia Pty Ltd’s (IHA) proposed acquisition of iSelect Limited (ASX:ISU). IHA currently owns approximately 26 per cent of shares in iSelect, which it acquired through a series of (...)

The Australian Competition Authority raises preliminary competition concerns in relation to the merger between two hearing implant providers (Cochlear / Oticon)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Cochlear’s proposed acquisition of Oticon Medical raises preliminary competition concerns* The ACCC has outlined significant preliminary competition concerns with Cochlear’s (ASX:COH) proposed acquisition of Oticon Medical in a statement of issues published today. Cochlear is proposing to (...)

The UK Competition Authority conducts an in-depth merger investigation which finds that the sale of emergency service software businesses used by blue light emergency services is required to protect UK taxpayers (NEC)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
Sale of emergency service software businesses required to protect UK taxpayers* NEC must sell some parts of its business after an in-depth merger investigation found that publicly-funded emergency services could end up paying more for essential software. NEC and SSS (previously part of Capita (...)

State Aid

 The EU Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia’s war against Ukraine* The European Commission has approved a €3 billion Polish scheme to support companies active in the Polish gas market in the context of (...)

The EU Commission approves modification of German scheme to support electricity production from renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves modification of German scheme to support electricity production from renewable energy sources* The European Commission has approved, under EU State aid rules, the modification of a German scheme to support the production of electricity from renewable energy (...)

The EU General Court dismisses the actions brought by retail distribution companies against the Commission’s decision approving German aid to undertakings which suffered, in the context of the COVID-19 outbreak, a loss of turnover of at least 30% (Breuninger / Falke) Free
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28606 visits
The General Court dismisses the actions brought by Breuninger and Falke against the Commission’s decision approving German aid to undertakings which suffered, in the context of the COVID-19 outbreak, a loss of turnover of at least 30%* The Commission’s decision does not infringe the principle of (...)

The EU Commission approves amendments to German scheme to support offshore wind energy generation
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves amendments to German scheme to support offshore wind energy generation* The European Commission has approved, under EU State aid rules, amendments to a German scheme to support offshore wind energy generation in Germany (German Offshore Wind Energy Act - (...)

The EU Commission approves €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine* The European Commission has approved a €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine. The scheme was approved under the (...)

The EFTA Surveillance Authority releases annual scoreboard on State aid spending revealing Iceland, Liechtenstein, and Norway increased State aid spending
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
Annual scoreboard: Iceland, Liechtenstein and Norway increase state aid spending* The EEA EFTA States in 2020 increased their spending on state aid, according to the EFTA Surveillance Authority’s (ESA) latest annual State Aid Scoreboard. The scoreboard, published today, summarises the amounts (...)

The EU Commission approves €12 million Cypriot scheme under the Recovery and Resilience Facility to support access to high-speed broadband services
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €12 million Cypriot scheme under the Recovery and Resilience Facility to support access to high-speed broadband services* The European Commission has approved, under EU State aid rules, a €12 million Cypriot voucher scheme, made available in part through the (...)

The EU General Court dismisses as inadmissible the action brought by a retail undertaking against the Commission’s decision approving aid granted by Germany to compensate for losses suffered as a result of lockdown during the COVID-19 crisis (Breuninger)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
The General Court dismisses as inadmissible the action brought by the retail undertaking Breuninger against the Commission’s decision approving aid granted by Germany to compensate for losses suffered as a result of lockdown during the COVID-19 crisis* Breuninger erred in taking the view that (...)

The EU Commission approves amendments to Italian scheme, including up to €23 billion budget increase, to support companies in context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves amendments to Italian scheme, including up to €23 billion budget increase, to support companies in context of Russia’s war against Ukraine* The European Commission has found the amendments to an existing Italian guarantee scheme, including an up to €23 billion (...)

The EU Commission approves €6.3 billion German measure to recapitalise an energy company in the context of Russia’s war against Ukraine (SEFE)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €6.3 billion German measure to recapitalise energy company SEFE GmbH in context of Russia’s war against Ukraine* The European Commission has approved a €6.3 billion German measure to recapitalise energy company SEFE Securing Energy for Europe GmbH (‘SEFE GmbH’), (...)

The EU Commission approves €1.1 billion Polish scheme to support particularly affected energy intensive companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1.1 billion Polish scheme to support particularly affected energy intensive companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.1 billion (PLN 5.1 billion) Polish scheme to support particularly affected energy (...)

The EU Commission approves up to €34.5 billion German measure to recapitalise an energy company in the context of Russia’s war against Ukraine (Uniper)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves up to €34.5 billion German measure to recapitalise energy company Uniper SE in context of Russia’s war against Ukraine* The European Commission has approved an up to €34.5 billion German aid measure to recapitalise energy company Uniper SE (‘Uniper’). The measure (...)

The EU Commission approves €80 million Finnish recapitalisation measure to support a national shipyard in the context of Russia’s war against Ukraine (Meyer Turku)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €80 million Finnish recapitalisation measure to support Meyer Turku Oy in the context of Russia’s war against Ukraine* The European Commission has approved a €80 million Finnish recapitalisation measure to support Meyer Turku Oy, the largest national shipyard in (...)

The EU Commission approves a Dutch scheme worth €1B to support small energy users in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1 billion Dutch scheme to support small energy users in the context of Russia’s war against Ukraine* The European Commission has approved a €1 billion Dutch scheme to support small energy users in the context of Russia’s war against Ukraine. The scheme was approved (...)

The EU Commission approves a Czech scheme worth €1.2B to promote green district heating
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1.2 billion Czech scheme to promote green district heating* The European Commission has approved, under EU State aid rules, a €1.2 billion Czech scheme to promote green and more efficient district heating mainly based on renewable energy The measure will (...)

The EFTA Surveillance Authority approves the prolongation of a Norwegian tax scheme to encourage the purchase of zero emission producing vehicles
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
Zero-emission vehicles: ESA approves prolongation of Norwegian tax incentives and threshold zero VAT rate* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments to certain tax incentives for zero-emission vehicles in Norway. The objective of the scheme is to (...)

The EFTA Surveillance Authority adopts new guidelines on State aid for research, development and innovation
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
ESA adopts new guidelines on State aid for research, development and innovation* The EFTA Surveillance Authority (ESA) has today adopted new Guidelines on State aid for research, development, and innovation (RDI) applicable to the EEA EFTA States. The RDI Guidelines set out the rules that ESA (...)

The EFTA Surveillance Authority finds no State aid in 2020 amendments to Norwegian Petroleum Tax Act
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
ESA finds no State aid in 2020 amendments to Norwegian Petroleum Tax Act* The EFTA Surveillance Authority (ESA) has today closed two complaints concerning temporary amendments to the Norwegian Petroleum Tax Act (PTA). ESA finds that the June 2020 amendments to the PTA do not entail State aid. (...)

The EU Commission approves a German scheme worth €1.8B to roll out high power charging infrastructure for electric vehicles
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1.8 billion German scheme to roll out high power charging infrastructure for electric vehicles* The European Commission has approved, under EU State aid rules, a €1.8 billion German scheme to support the roll out of high power charging (‘HPC’) infrastructure for (...)

The EU Commission adopts new rules for the agriculture, forestry and fishery and aquaculture sectors
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors* The European Commission has adopted today revised State aid rules for the agricultural, forestry and fishery and aquaculture sectors. The revised rules align State aid with the EU strategic (...)

The EU Commission adopts revised State aid rules for broadband networks
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission adopts revised State aid rules for broadband networks* The European Commission has adopted a revised Communication on State aid for broadband networks (‘Broadband Guidelines’). The revised Broadband Guidelines set out the rules under which the Commission will assess State (...)

The EU Commission approves an Irish scheme worth €1.2B to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1.2 billion Irish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.2 billion Irish scheme to support companies in the context of Russia’s war against Ukraine. The scheme was approved under the (...)

The EFTA Surveillance Authority approves the production grant scheme for news and current affairs media in Norway until 2029
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
ESA approves the production grant scheme for news and current affairs media in Norway until 2029* The EFTA Surveillance Authority (ESA) has today approved a revised production grant scheme for news and current affairs media in Norway. The objective of the scheme is to maintain diversity (...)

The EFTA Surveillance Authority approves a prolongation of and amendments to a Norwegian innovation and development scheme for news and current affairs media
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
ESA approves a prolongation of and amendments to a Norwegian innovation and development scheme for news and current affairs media* The EFTA Surveillance Authority (ESA) has today approved a prolongation and amendments to a Norwegian innovation and development scheme for news and current (...)

The EU Commission approves a Finnish measure worth €26.3M to support the construction of a hydroelectric pump storage (SEVO)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €26.3 million Finnish measure to support SEVO in construction of hydroelectric pump storage* The European Commission has approved, under EU State aid rules, a €26.3 million Finnish aid measure to support Suomen Energiavarasto Oy (‘SEVO’) in the construction of an (...)

The EU Commission approves a French scheme worth €13.5B to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €13.5 billion French scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a French scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission opens an in-depth investigation into a Lithuanian measure to compensate a gas producer for the operation of liquefied natural gas terminal (Litgas)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission opens in-depth investigation into Lithuanian measure to compensate Litgas for operation of LNG terminal* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Lithuania to Litgas UAB (‘Litgas’) for supplying a mandatory (...)

The EU Commission approves a French scheme worth €1B to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission approves €1 billion French scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1 billion French scheme to support companies in the context of Russia’s war against Ukraine. The scheme was approved under the State (...)

The EU Commission publishes the results of an evaluation of the State aid rules for services of general economic interest applicable to health and social services and small aid amounts
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691719 visits
State aid: Commission publishes results of evaluation of State aid rules on services of general economic interest applicable to health and social services and to small aid amounts* The European Commission has published a Staff Working Document summarising the results of the evaluation of the (...)

The EU Court of Justice confirms that aid given to a postal operator was legitimate due to its universal service obligation (TD / Danske Fragtmænd) New
Maastricht University
Belgium 337 contributions 57659 visits
Introduction The two most difficult issues in imposing a public service obligation on a providers of a service of general economic interest is, first, the correct definition of the obligation and, second, the correct calculation of the amount of compensation that covers only the net extra cost (...)

Procedures

 The US Congress passes law to amend title 28 of the code to prevent the transfer of actions arising under the antitrust laws in which a State is a complainant
White & Case (Washington)
United States 12 contributions 3791 visits
,
White & Case (New York)
United States 7 contributions 2559 visits
,
White & Case (Washington)
États-Unis 12 contributions 3469 visites
Prior to the State Antitrust Enforcement Venue Act—which was signed into US law on December 29, 2022 as part of the omnibus spending bill—the Judicial Panel on Multidistrict Litigation (JPML) had the power to transfer and consolidate all antitrust cases—including suits brought by State AGs—except (...)

The UK Competition Authority fines an automobile manufacturer for failing to comply with an information request (BMW)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90394 visits
BMW fined for failing to comply with CMA information request BMW AG has been issued with a £30,000 fine, plus a daily penalty of £15,000, after it failed to provide information following a CMA information request. Information requests are legal tools used by the Competition and Markets (...)

The EU Court of Justice of rules that legal professional privilege extends to all communications from external counsel
Van Bael & Bellis (Brussels)
Belgique 32 contributions 6722 visites
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Van Bael & Bellis (Brussels)
Belgique 46 contributions 11297 visites
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90625 visits
On 8 December 2022, the Court of Justice of the European Union (“CJEU”) handed down a judgment (C-694/20, Orde van Vlaamse Balies) which appears to strengthen the protection afforded by legal professional privilege (“LPP”) under EU law. In its judgment, the CJEU has held for the first time that LPP (...)

The Turkish Competition Authority fines a leading electric scooter rental company for false and misleading information (Marti)
ACTECON (Istanbul)
Turquie 12 contributions 4061 visites
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ACTECON (Istanbul)
Turquie 9 contributions 2252 visites
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ACTECON (Istanbul)
Turquie 1 contribution 628 visites
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On 5.12.2022, The Turkish Competition Authority (“TCA”) published its decision imposing a monetary fine on Martı İleri Teknoloji A.Ş. (“Martı”), a leading electric scooter rental company in Türkiye, for providing false and misleading information. The reasoned decision of the TCA indicated that the (...)

Regulatory

 The Fijian Competition Authority proposes to undertake a comprehensive review of the domestic postal rates (Post Fiji)
Fijian Competition & Consumer Commission - FCCC (Suva)
Fidji 10 contributions 351 visites
REVIEW OF POSTAL TARIFF FOR DOMESTIC SERVICES FOR POST FIJI PTE LIMITED* The Fijian Competition and Consumer Commission (FCCC) is an independent statutory authority whose role is to enforce the FCCC Act 2010; promoting competition, fair trading, regulating prices in markets where competition (...)

The Thai Energy Regulatory Commission prescribes new requirements for the transfer of licenses in the energy sector
Tilleke & Gibbins (Thailand)
1 contribution 62 visites
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Tilleke & Gibbins (Thailand)
1 contribution 62 visites
On December 20, 2022, the Notification re: Rules, Procedures, and Conditions on Transfer of Energy Licenses of the Thailand Energy Regulatory Commission (ERC) became effective. The notification sets out the new standard and procedure for transferring licenses for energy industry operation. The (...)

The EU Court of Justice AG Szpunar issues an opinion that questions whether taxi services can be regarded as a service of general economic interest (Private Hire Vehicles)
Baker McKenzie (Barcelona)
Espagne 2 contributions 147 visites
“In many places across the European Union, suppliers of taxi services have traditionally been shielded from competition thanks to State regulation, while web-based platforms have started offering local passenger transport-on-demand services with a high degree of zeal, precision and efficiency”. (...)

The EU Commission publishes its draft DMA Implementing Regulation for consultation, together with the proposed notification form for "gatekeepers"
White & Case (Brussels)
Belgium 38 contributions 64517 visits
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White & Case (Brussels)
Belgique 25 contributions 15960 visites
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King’s College London
1 contribution 291 visites
On 9 December 2022, the European Commission published its draft DMA Implementing Regulation for consultation, together with the proposed Notification Form for "gatekeepers". The text deals with notifications, submissions and practical arrangements in relation to future Commission decisions (...)

The EU Commission publishes its draft Implementing Regulation of the Digital Markets Act
Van Bael & Bellis (Brussels)
Belgique 32 contributions 6722 visites
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Van Bael & Bellis (Brussels)
Belgique 46 contributions 11297 visites
On 9 December 2022, the European Commission (“Commission”) published a Draft Implementing Regulation on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 (“Draft Implementing Regulation”). The Draft Implementing Regulation provides (...)

The EU Commission opens public consultation on the draft Implementation Regulation which aims to facilitate the implementation of the Digital Markets Act
Covington & Burling (Brussels)
Belgique 9 contributions 10004 visites
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Covington & Burling (Brussels)
Belgique 6 contributions 1117 visites
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Covington & Burling (Brussels)
Belgique 2 contributions 148 visites
The Digital Markets Act (“DMA”) will apply from 2 May 2023. To facilitate its implementation, the European Commission (“Commission”) aims to publish an accompanying DMA Implementing Regulation (“IR”). In anticipation of this, the (“Commission”) has sought feedback via a public consultation on the (...)

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