February 2023

General antitrust

 The UK Competition Authority publishes Draft Sustainability Guidance which seeks to provide greater certainty for businesses on how competition rules apply to agreements aimed at achieving environmental and sustainability goals
Ashurst (London)
United Kingdom 35 contributions 17106 visits
,
Ashurst (London)
United Kingdom 14 contributions 2577 visits
,
Ashurst (London)
United Kingdom 15 contributions 4167 visits
…
On 28 February 2023, the Competition and Markets Authority ("CMA") published its promised draft guidance on the application of the Chapter 1 prohibition to sustainability agreements between businesses operating at the same level of the supply chain ("Draft Sustainability Guidance"). The CMA is (...)

The UK Competition Authority opens consultation on Environmental Sustainability Agreement Guidelines
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3302 visits
,
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 41 contributions 40123 visites
,
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 5 contributions 970 visites
…
CMA Consults on Environmental Sustainability Agreement Guidelines* On February 28, 2023, the UK’s Competition and Markets Authority (“CMA”) demonstrated its thought leadership in the integration of sustainability and competition policy by publishing draft guidance (“Draft UK Guidelines”) on (...)

The UK Competition Authority consults on draft sustainability guidance
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 27499 visits
,
Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 26 contributions 7123 visites
,
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 3 contributions 772 visits
On February 28, 2023, the UK Competition and Markets Authority (CMA) issued for consultation its long-awaited draft guidance on environmental sustainability agreements (Draft Guidance). The CMA first foreshadowed the publication of this detailed guidance in its March 2022 advice to government. (...)

The UK Competition Authority publishes draft guidance on sustainability agreements to provide greater certainty for businesses on how competition rules apply to agreements aimed at achieving environmental and sustainability goals
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3686 visits
,
Herbert Smith Freehills (London)
United Kingdom 60 contributions 21571 visits
,
Herbert Smith Freehills (London)
Royaume-Uni 17 contributions 5692 visites
On 28 February the CMA published its long-awaited draft guidance on sustainability agreements, setting out the circumstances under which collaboration between competitors aimed at protecting or enhancing sustainability may be compatible with competition law. The aim of the guidance is to (...)

The Italian Competition Authority launches a whistleblowing platform for reporting antitrust violations
Portolano Cavallo (Milan)
Italy 4 contributions 431 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 7073 visits
On February 27, 2023, the Italian Competition Authority announced to have launched its own whistleblowing platform for reporting antitrust violations (eg, secret agreements on product prices, market sharing, competitor boycotts, etc.,). Using the platform, whistleblowers can report potential (...)

The EU Commission proposes a draft Gigabit Infrastructure Act to fast-track the deployment of very high-capacity fixed and mobile connectivity and replace the Broadband Cost Reduction Directive
Jones Day (Amsterdam)
Netherlands 19 contributions 5140 visits
,
Jones Day (Brussels)
Belgique 28 contributions 8777 visites
,
Jones Day (Brussels)
Belgium 17 contributions 4905 visits
…
In Short The Situation: The European Commission has presented three initiatives to transform the connectivity sector on 23 February 2023 (the "Connectivity Package"). The State of Play: The European Commission has proposed a draft Gigabit Infrastructure Act ("GIA") proposal that would come (...)

The French Competition Authority commences proceedings ex officio to analyse competition in the sector for charging infrastructure for electric vehicles
French Competition Authority (Paris)
France 747 contributions 408095 visits
E-mobility: The Autorité starts proceedings ex officio to analyse competition in the sector of charging infrastructure for electric vehicles* Background The Autorité de la concurrence has decided to start proceedings ex officio to analyse and issue an opinion on the competitive operation (...)

The South African Competition Authority publishes draft terms of reference into an inquiry into the fresh produce market
Primerio (Johannesburg)
South Africa 4 contributions 557 visits
Pursuing Produce: New SA Market Inquiry Starting in 1, 2, 3 …* South African Competition Commission’s Fresh Produce Market Inquiry & its Final Terms of Reference Pursuant to the South African Competition Commission’s (“Commission”), draft terms of reference into an inquiry into the (...)

The Bulgarian Competition Authority announces its competition law enforcement priorities for 2023
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2946 visits
The CPC adopted its enforcement priorities in applying the Law on Protection of Competition for 2023* By decision №101/26.01.2023 the CPC adopted annual priorities in pursuing antitrust, unfair competition and unfair commercial practices cases. In the context of the dynamic socio-economic (...)

The Belgian Federal Chamber of Representatives adopts Bill approving cooperation agreement that creates foreign direct investment screening mechanism
Van Bael & Bellis (Brussels)
Belgique 3 contributions 462 visites
On 9 February 2023, the federal Chamber of Representatives adopted a bill (the “Bill”) which approves the cooperation agreement of 30 November 2022 (the “Agreement”) between the federal government, the regional governments and the communities establishing a foreign direct investment (“FDI”) (...)

The Japanese Competition Authority publishes a market study report on mobile operating systems and mobile app distribution
Japan Fair Trade Commission (Tokyo)
Japon 140 contributions 24846 visites
Market Study Report on Mobile OS and Mobile App Distribution* 1. Purpose While the worldwide spread of COVID-19 has caused major restrictions on people’s lives and economic activities, the digitalization of the economy has progressed further. Services essential to people’s lives, such as (...)

The Czech Competition Authority publishes a sector inquiry on the pharmaceuticals distribution sector
Czech Competition Authority (Brno)
République tchèque 49 contributions 6577 visites
THE OFFICE HAS COMPLETED A SECTOR INQUIRY INTO THE DISTRIBUTION OF PHARMACEUTICALS* The Office for the Protection of Competition (hereinafter referred to as "the Office") completed a sector inquiry in the area of distribution of pharmaceuticals, which was carried out in the years 2021-2022. (...)

The COMESA Competition Authority publishes the Joint Statement of the African Heads of Competition Authorities Dialogue on the regulation of digital markets
COMESA (Lusaka)
Malawi 10 contributions 634 visits
Joint Statement of the African Heads of Competition Authorities Dialogue on Regulation of Digital Markets* On February 18th, 2022, the Heads of Competition Authorities of Egypt (Egyptian Competition Authority); Kenya (Kenyan Competition Authority); Mauritius (Competition Commission of (...)

Anticompetitive practices

 The UK Competition Authority releases new guidance to help businesses co-operate on environmental issues and opens a consultation on the guidance
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100865 visits
New guidance to help businesses co-operate on environment* New draft guidance published by the CMA will help businesses work together with confidence towards achieving environmental goals. CMA seeking views on guidance to help companies work together towards environmental sustainability (...)

The Saudi Arabian Competition Authority fines a medical company for withholding evidence in an investigation over an alleged violation of competition law during COVID-19 (MediServ)
General Authority for Competition (Riyadh)
Arabie saoudite 19 contributions 1779 visites
The competition announces a penalty for a facility for violating "withholding information and preventing judicial officers from performing their duties assigned to them."* Based on the tasks of the General Authority for Competition and its competences in enforcing the competition system and (...)

The Irish Competition Authority adopts a new declaration and guidance on vertical agreements and concerted practices
Irish Competition Authority (Dublin)
Irlande 104 contributions 16631 visites
CCPC adopts new verticals declaration* The Competition and Consumer Protection Commission (CCPC) has adopted a new Declaration in Respect of Vertical Agreements and Concerted Practices (Declaration) and a new Notice in Respect of Vertical Agreements and Concerted Practices (Notice). This (...)

The Japanese FTC files a criminal accusation against 6 companies and an individual for bid rigging outsourcing contracts for the Olympic and Paralympic games (Dentsu / Hakuhodo Tokyu Agency / Fuji Creative / CERESPO / Same Two...)
Japan Fair Trade Commission (Tokyo)
Japon 140 contributions 24846 visites
The JFTC’s criminal accusation on bid-rigging concerning the outsourcing contracts of planning test events, etc. regarding the Olympic and Paralympic Games Tokyo 2020 ordered by the Tokyo Organizing Committee of the Olympic and Paralympic Games* The Japan Fair Trade Commission (hereinafter (...)

The Portuguese Competition Authority issues a €2M fine on suppliers of electric cables for engaging in a public procurement cartel (Cabelte / Quintas & Quintas /Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 118 contributions 29984 visits
AdC sanctions suppliers of electric cables for cartel in public procurement* The Portuguese Competition Authority (AdC) has sanctioned the companies Cabelte - Cabos Eléctricos e Telefónicos (Cabelte), S.A., Quintas & Quintas - Condutores Eléctricos, S.A. (Q&Q) and Solidal - (...)

The US DoJ secures two more guilty pleas from public sector employees for bid rigging in relation to vehicle auctions (Dzmitry Yaniuk / Marina Yaniuk)
US Department of Justice (Washington)
États-Unis 180 contributions 79233 visites
Two Additional Municipal Employees Plead Guilty to Fraud Conspiracy* Second and Third Guilty Pleas in Ongoing Investigation of Excess Vehicle Auctions at the Metropolitan Transportation Authority Two Metropolitan Transportation Authority (MTA) employees pleaded guilty on Feb. 9 to (...)

The Australian Competition Authority secures guilty pleas from two waste management companies and their CEO for price fixing (Aussie Skips Recycling / Aussie Skips Bin Services / Emmanuel Roussakis)
Australian Competition and Consumer Commission (Canberra)
Australie 397 contributions 84180 visites
Aussie Skips and CEO plead guilty to alleged waste services price fixing cartel* Sydney waste companies, Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips), along with its chief executive Emmanuel Roussakis have today each pleaded guilty in the Federal Court to a (...)

The US FTC approves orders requiring two glass container manufacturers to drop anticompetitive non-compete restrictions on workers (O-I Glass / Ardagh)
US Federal Trade Commission (FTC) (Washington)
États-Unis 179 contributions 42853 visites
FTC Approves Final Orders Requiring Two Glass Container Manufacturers to Drop Noncompete Restrictions That They Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized consent orders settling charges that two glass container manufacturers, O-I Glass, (...)

The Spanish Competition Authority sanctions two platforms for conspiring to exclude drivers that operate through other intermediaries in addition to their own services (Radio Taxi Murcia / Tele Taxi Ciudad de Murcia)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 143 contributions 31367 visites
The CNMC sanctions the cartel formed by the two main radio taxi companies in the Region of Murcia* Cooperativa Radio Taxi Murcia and Asociación Teletaxi Ciudad de Murcia agreed to penalise and even expel taxi drivers who offered their services through other platforms. Offering their services (...)

The Czech Competition Authority opens investigation into the entire vertical chain of food products to determine whether the increase in the price of food is due to anticompetitive practices
Czech Competition Authority (Brno)
République tchèque 49 contributions 6577 visites
THE OFFICE STARTS A PROBE INTO THE ENTIRE VERTICAL CHAIN FOR SEVERAL FOOD PRODUCTS IN TERMS OF PRICE INCREASE* The Office for the Protection of Competition (hereinafter referred to as “the Office”) is going to investigate which part of the supplier and customer chain is responsible for the (...)

The Australian Competition Authority launches Federal Court proceedings against a technology company for alleged bid rigging and price fixing when tendering to supply equipment and services to five mining village sites (Swift Networks)
Australian Competition and Consumer Commission (Canberra)
Australie 397 contributions 84180 visites
Court action for alleged tendering cartel at WA mining camps* The ACCC has launched Federal Court proceedings against technology company Swift Networks Pty Ltd (Swift) for alleged bid rigging and price fixing when tendering to supply equipment and services to five Pilbara mining village (...)

The Polish Competition Authority charges seven entrepreneurs with bid rigging in the construction of the power grid infrastructure
Polish Competition Authority (Warsaw)
Poland 120 contributions 22521 visits
Bid rigging - proceedings of President of UOKiK* President of the Office of Competition and Consumer Protection, Tomasz Chróstny, has charged seven entrepreneurs with entering into bid rigging. They might have unlawfully obtained contracts for the construction or modification of elements of (...)

The US DoJ prosecutes a former digital interactive whiteboard salesman and secures a guilty plea for rigging bids harming the largest public school system in the United States (Dwayne Johnson)
US Department of Justice (Washington)
États-Unis 180 contributions 79233 visites
Former Digital Interactive Whiteboards Salesman Pleads Guilty to Rigging Bids to the Largest Public-School System in the United States* A former salesman pleaded guilty today for his leading role in a bid rigging scheme involving the sales of certain brands of digital interactive whiteboards (...)

The German Competition Authority fines road builders for collusive tendering (Höhler / Möckel Bauunternehmung / Möllmann Straßen- und Ingenieurbau / Stra-La Bau)
German Competition Authority (Bonn)
Allemagne 457 contributions 116304 visites
Road builders fined for collusive tendering* Bonn, 15 February 2023: The Bundeskartellamt has imposed fines amounting to a total of almost one million euros on the four Dortmund-based construction companies Höhler GmbH & Co. KG, Möckel Bauunternehmung GmbH & Co. KG, Möllmann Straßen- (...)

The Hellenic Competition Authority carries out a dawn raid at the premises of a pharmaceutical company
Hellenic Competition Commission (Athens)
Grèce 131 contributions 18244 visites
Dawn raids in the pharmaceuticals sector* SUBJECT: Dawn raids in the pharmaceuticals sector Today, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections at the premises of a company active in the pharmaceuticals sector. The dawn raid was carried out in (...)

The US DoJ secures a sentence of 15 months jail term and over $1M restitution to victims of bid rigging and fraud following the conviction of an insulation contracting firm’s co-owner (Michael S. Flynn)
US Department of Justice (Washington)
États-Unis 180 contributions 79233 visites
Insulation Contracting Firm Co-Owner Sentenced to Fifteen Months in Prison and Ordered to Pay more than $1 Million to Victims of Bid Rigging and Fraud* Victims include the University of Connecticut, the City of Hartford, PepsiCo. Inc., Stamford Hospital, and Yale University Michael S. (...)

The US District Court for the Eastern District of Tennessee admits the guilty plea of two individuals and four companies for conspiracy to fix the prices of DVDs and Blu-Ray discs sold on an e-commerce platform (Bruce Fish / BDF Enterprises / Victor Btesh)
US Department of Justice (Washington)
États-Unis 180 contributions 79233 visites
Two Amazon Marketplace Sellers and Four Companies Plead Guilty to Price Fixing DVDs and Blu-Ray Discs* Two Amazon marketplace sellers and four of their companies have pleaded guilty to price fixing DVDs and Blu Ray Discs. On Feb. 10 in U.S. District Court for the Eastern District of (...)

The UK Competition Authority publishes a guide for employers on how to avoid breaching competition law in labour markets
White & Case (London)
United Kingdom 27 contributions 13743 visits
,
White & Case (Washington)
United States 50 contributions 28313 visits
,
White & Case (Washington)
États-Unis 13 contributions 3904 visites
…
The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK’s intent to ratchet up antitrust scrutiny of labour markets – a trend that is gathering momentum across the world, in (...)

The UK Competition Authority advises employers to avoid poaching, wage-fixing, information sharing and other related anticompetitive practices in the labour market
Morgan Lewis (London)
Royaume-Uni 1 contribution 137 visites
,
Morgan Lewis (London)
United States 14 contributions 5956 visits
,
Morgan Lewis (London)
Royaume-Uni 1 contribution 137 visites
…
The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that no-poaching agreements, wage-fixing agreements, and information sharing (...)

The Hungarian Competition Authority carries out dawn raids on the premises of several market players in the market for food supplies in an effort to counter rising grocery prices
Hungarian Competition Authority (Budapest)
Hungary 94 contributions 19706 visits
The actions against price increase of groceries continue, the GVH involved new product categories into its investigation* 9 February 2023, Budapest - The Hungarian Competition Authority (GVH) launched new accelerated sector inquiry with dawn raids as targeted measures to identify the (...)

The UK Competition Authority issues new guidance on avoiding anti-competitive behaviour for employers
Orrick, Herrington & Sutcliffe (London)
United Kingdom 1 contribution 251 visits
,
Orrick, Herrington & Sutcliffe (London)
United Kingdom 1 contribution 251 visits
,
Orrick, Herrington & Sutcliffe (London)
United Kingdom 1 contribution 251 visits
…
The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move to another employer where pay and conditions are better. This serves (...)

The South Korean FTC sanctions German car manufacturers for collusion in the emissions cleaning technology industry (Mercedes / BMW / Audi / Volkswagen)
Korea Fair Trade Commission (Seoul)
Corée du Nord 11 contributions 578 visites
KFTC sanctions German car manufactures for colluding to avoid competition on the development of emissions cleaning technology* Mercedes-Benz Group, BMW, Audi, and Volkswagen hit with a total fine of 42.3 billion won and corrective orders The Korea Fair Trade Commission (led by Chairperson (...)

The UK Competition Authority reminds employers to avoid anti-competitive practices
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100858 visits
CMA reminds employers to avoid anti-competitive practices* The CMA has published new easy-to-read materials, which seek to boost business compliance and remind employers of their legal obligations to avoid collusion when it comes to employee pay, working conditions and the hiring of staff. (...)

The UK Competition Appeal Tribunal finds that the Competition Authority cannot compel responses to information requests from foreign parents with no UK connection (Volkswagen / BMW)
Clifford Chance (London)
Royaume-Uni 7 contributions 2681 visites
,
Clifford Chance (London)
Royaume-Uni 1 contribution 513 visites
The UK Competition Appeal Tribunal (CAT) has ruled that the Competition and Markets Authority (CMA) has no power to compel responses to information requests from foreign parent companies with no connection to the UK, other than their UK-based subsidiaries. Foreign foray frustrated In its (...)

The UK Competition Appeal Tribunal decides in favour of the two automobile manufacturers’ challenges and against the extraterritorial application of the competition authority’s investigatory powers (Volkswagen / BMW)
Herbert Smith Freehills (London)
Royaume-Uni 45 contributions 9522 visites
,
Mayer Brown (London)
Royaume-Uni 44 contributions 18130 visites
,
Herbert Smith Freehills (London)
Royaume-Uni 2 contributions 669 visites
On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT (...)

The UK Competition Appeal Tribunal puts brakes on the extraterritorial investigation efforts into two automobile manufacturers due to no territorial connection to the UK (Volkswagen / BMW)
White & Case (Brussels)
Belgium 57 contributions 58260 visits
,
White & Case (London)
Royaume-Uni 27 contributions 13746 visites
,
White & Case (London)
Royaume-Uni 12 contributions 2930 visites
…
On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. CMA Investigation In March 2022, the CMA opened an investigation into suspected (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
Royaume-Uni 4 contributions 1140 visites
,
Hausfeld (London)
Royaume-Uni 3 contributions 594 visites
,
Hausfeld (London)
États-Unis 3 contributions 723 visites
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The Polish Competition Authority fines seven entrepreneurs for bid rigging in the market for waste disposal (Remondis Sanitech Poznań / PreZero Dolny Śląsk / Przedsiębiorstwo Usług Komunalnych Artur Zys / EKO-TOM Turguła / ORDO Poznań / Przedsiębiorstwo Usług Komunalno-Transportowych Vikom...)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22521 visits
More than pln 7 million in penalties imposed by the President of UOKiK for bid rigging on waste market* President of UOKiK Tomasz Chróstny imposed penalties for bid rigging on seven entrepreneurs operating in, inter alia, waste collection sector. The consortium established by the companies was (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks)
Blackstone Chambers (London)
Royaume-Uni 23 contributions 5910 visites
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The COMESA Competition Appeals Board upholds commitments made by football association which the undertaking made to remedy concerns over long-term exclusivity obligations for marketing and media rights (Confédération Africaine de Football / Sportfive)
Meysan Partners (Cairo)
1 contribution 197 visites
,
Meysan Partners (Cairo)
1 contribution 197 visites
On 16 January 2023, the Common Market for Eastern and Southern Africa (the “COMESA” or the “Common Market”) Competition Appeals Board (the “Appeals Board”) published its seminal decision upholding the commitments provided by the Confédération Africaine de Football (the “CAF”) in relation to (...)

The US FTC hosts a public forum examining a proposed rule to ban non-compete clauses
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42853 visits
FTC to Host Public Forum Examining Proposed Rule to Ban Noncompete Clauses* The Federal Trade Commission will host a public forum on Thursday, February 16 examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers, and providing an opportunity for (...)

Unilateral Practices

 The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
Van Bael & Bellis (Brussels)
Belgique 3 contributions 298 visites
,
Van Bael & Bellis (Brussels)
Belgium 61 contributions 15199 visits
On 28 February 2023, the European Commission (the “Commission”) announced that in its investigation of Apple’s App Store terms for music streaming app developers, it has adopted a new statement of objections (“SO”) which replaces the previous SO issued against Apple back in April 2021, and (...)

The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
Antitrust: Commission sends Statement of Objections to Apple clarifying concerns over App Store rules for music streaming providers* The European Commission has sent a Statement of Objections to Apple clarifying its concerns over App Store rules for music streaming providers. This (...)

The Bulgarian Competition Authority issues a fine on a leading petrochemical distributor for abuse of dominance in the market for the wholesale trade of motor fuels (Lukoil-Bulgaria)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2946 visites
CPC sanctions "Lukoil-Bulgaria" EOOD 67 771 454 BGN for abuse of a dominant position* By Decision № 184/16.02.2023, ruled on case № KZK-864/274/2021, CPC imposed a pecuniary sanction in the amount of BGN 67,771,454 on "Lukoil-Bulgaria" EOOD for infringement of Art. 21 of the Law on the (...)

The Argentina Supreme Court of Justice upholds ruling that struck down the first and only sanction imposed by the Argentinian Secretariat of Trade on excessive pricing in a case against a collective rights association (Argentine Association of Authors and Music Composers)
Bomchil (Buenos Aires)
Argentine 28 contributions 600 visites
,
Bomchil (Buenos Aires)
Argentine 27 contributions 591 visites
On February 23 the Argentine Supreme Court of Justice declined to hear on extraordinary appeal, and thus confirmed, a judicial ruling that struck down the first and only sanction imposed by the ST on excessive pricing, in a case against a collective rights association (Argentine Association of (...)

The Polish Competition Authority initiates preliminary proceedings against the sole importer of coffee machines over allegations of price fixing (Jura Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22521 visits
Coffee machines - preliminary proceedings* President of UOKiK, Tomasz Chróstny, has initiated preliminary proceedings regarding possible price fixing for Jura coffee machines. Currently the evidence collected in this case in the course of the search is being reviewed. As part of the (...)

The UK Competition Appeal Tribunal stays rather than dismissing a data privacy case possibly cracking the door open for data-related class actions (Meta)
Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 97 visites
,
Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 59 visites
,
Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 59 visites
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The competition collective action against Meta (formerly Facebook) is one of a number of pending collective actions against the tech giants, including Apple (...)

The UK Competition Appeal Tribunal declines to certify a £2.3B opt-out class action brought against a social media platform over an alleged abuse of a dominant position (Meta)
Baker McKenzie (London)
États-Unis 3 contributions 502 visites
The UK Competition Appeal Tribunal (“CAT”) has refused to certify an opt out class application brought by Liza Gormsen in relation to the alleged abuse of a dominant position by a social networking platform. The application signified a trend in claims pursued in the UK, in which it is argued (...)

The French Court of Appeal quashes the Competition Authority decision fining three pharmaceutical companies for alleged collective dominance practices (Novartis / Roche / Genentech)
Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 71 visites
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 2 contributions 159 visites
The Paris Court of Appeals Quashes the French Competition Authority Decision Fining Three Pharmaceutical Companies for Alleged Collective Dominance Practices* On February 16, 2023, the Paris Court of Appeals overturned the French Competition Authority (the “FCA”) decision which had fined (...)

The French Court of Appeal overturns the Competition Authority’s €444M fine on three laboratories for abuse of collective dominance in the pharma sector through a disparaging campaign against an "off-label" competitor (Novartis / Roche / Genentech)
Clifford Chance (Paris)
France 1 contribution 822 visites
The Court of Appeal quashed the French Competition Authority’s decision fining Novartis, Roche and Genentech EUR 444 million for abusing their collective dominant position, providing welcome clarity on the legal test to assess communications by pharmaceutical companies to the public and to (...)

The Czech Competition Authority fines a cartel of regional construction companies for bid rigging in a building revitalisation project (Aostav / Efios / Heryan / K. K.)
Czech Competition Authority (Brno)
République tchèque 49 contributions 6578 visites
THE OFFICE PUNISHED A CARTEL OF REGIONAL CONSTRUCTION COMPANIES* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed fines in the aggregate amount of CZK 3,157,000 on the undertakings aostav s.r.o., EFIOS stavební (...)

The Slovak Competition Authority fines three undertakings for engaging in bid rigging practices in the public procurements for control and maintenance of low-voltage power lines (MA-RY / Marek Kočiš / Štefan Rybovič)
Slovak Competition Authority (Bratislava)
Slovaquie 57 contributions 5715 visites
CARTELS: AMO SR imposed fines on three undertakings for a cartel agreement in public procurements in the field of providing control and maintenance services of LV lines* On 3 February 2023 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") (...)

The Croatian Competition Authority dismisses complaints of a coordinated price increase by telecommunications companies because of an absence of evidence indicating an illegal contract or agreement between the undertakings before the price increase (A1 / HT / Telemach)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19890 visits
CCA dismisses complaints against telecoms – A1, HT and Telemach* The Croatian Competition Agency dismissed two initiatives for the initiation of the infringement proceeding against A1 Hrvatska d.o.o., Hrvatski Telekom d.d. and Telemach Hrvatska d.o.o. due to lack of standing to act with (...)

The Spanish Competition Authority closes an investigation into an insurance company following commitments to address anticompetitive practices (DKV)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31364 visits
The CNMC closes the disciplinary proceedings against the insurance company DKV through a commitment decision.* During the pandemic, DKV unilaterally cancelled the “DKV Renta” temporary disability policies of certain self-employed insured persons and encouraged them to take out other services. (...)

The Spanish Competition Authority closes antitrust proceedings against an insurance company following commitments to address anticompetitive practices (DKV)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47044 visits
Following a complaint, the CNMC initiated an investigation against DKV Seguros y Reaseguros, S.A.E. (DKV) for having unilaterally cancelled the DKV Renta temporary disability policies of certain selfemployed policyholders during the pandemic, while encouraging them to contract other services. (...)

The Brazilian Competition Authority orders a food delivery service to cease exclusivity clauses and install remedies (iFood)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21646 visits
CADE signs agreement with iFood in case involving exclusivity deals in food delivery marketplaces* The Cease and Desist Agreement intends to promote competition and facilitate the entry of other applications into the sector The Administrative Council for Economic Defense (CADE) entered (...)

Mergers

 The Hellenic Competition Authority approves the acquisition of two companies in the electricity generation and distribution market by an investment company (Dolit / Pavlidis / Enerfarm)
Hellenic Competition Commission (Athens)
Grèce 131 contributions 18245 visites
Clearance of a notified concentration* SUBJECT: Clearance of the notified concentration concerning the acquisition by the company under the name “DOLIT INVESTMENTS SINGLE MEMBER S.A.”, an indirect wholly owned subsidiary of “ECM Partners Inc.”, of sole control over the companies under the (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues over a proposed acquisition of a pet food producer by a supermarket (Woolworths / PETstock)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25170 visits
Statement of Preliminary Issues released for Woolworths’ proposed acquisition of PETstock* The Commerce Commission has published a statement of preliminary issues relating to an application from Woolworths Group Limited seeking clearance to acquire 55% of the shares in PETstock Pty Limited. (...)

The Romanian Competition Authority assesses the takeover of a photovoltaic plant owner by two renewable energy companies (Terravis Studio / Terranet / Greenvolt Power Solar)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29219 visits
COMPETITION COUNCIL ASSESSES THE TAKEOVER OF TERRAVIS STUDIO BY RES TERRANET HOLDING AND GREENVOLT POWER SOLAR POLAND* The Competition Council assesses the transaction whereby Res Terranet Holding S.R.L. and Greenvolt Power Solar Poland sp. z o.o. intend to take over Terravis Studio S.R.L. (...)

The US FTC abandons its challenge to the acquisition of a virtual reality fitness app by a social media giant following a District Court’s denial of its request for a preliminary injunction (Meta / Within)
Weil, Gotshal & Manges (Washington)
États-Unis 2 contributions 599 visites
,
Weil, Gotshal & Manges (Washington)
États-Unis 1 contribution 81 visites
,
Weil, Gotshal & Manges (New York)
États-Unis 1 contribution 81 visites
On February 24, 2023, the Federal Trade Commission officially dismissed its administrative challenge to Meta Platforms, Inc.’s acquisition of Within Unlimited, Inc. (Within), the company behind the virtual reality (VR) fitness application, Supernatural. The move by the FTC came less than a (...)

The Australian Competition Authority greenlights the acquisition of a beachfront hotel by a local chain (Endeavour / Beachfront Hotel)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84180 visits
Endeavour’s proposed acquisition of Beachfront Hotel in Darwin not opposed* The ACCC will not oppose Endeavour Group Limited’s proposed acquisition of the Beachfront Hotel in Rapid Creek, just north of Darwin. The Beachfront Hotel includes a hotel and an independent liquor store trading (...)

The South African Competition Tribunal prohibits a proposed merger between two rival packaging companies (Corruseal / Neopak)
South African Competition Commission (Pretoria)
Afrique du Sud 25 contributions 3001 visites
COMPETITION COMMISSION WELCOMES TRIBUNAL’S DECISION PROHIBITING MERGER BETWEEN CORRUSEAL AND NEOPAK* The Competition Commission (Commission) welcomes the decision issued by the Competition Tribunal (Tribunal) yesterday, prohibiting the proposed merger between Corruseal Group (Pty) Ltd and (...)

The Norwegian Supreme Court clears the proposed acquisition of a used car sales online portal by an online marketplace (Schibsted / Nettbil)
Norwegian Competition Authority (Bergen)
Norvège 34 contributions 3849 visites
Supreme Court of Norway allows Schibsted to acquire Nettbil* The Supreme Court of Norway has dismissed the Competition Authority’s appeal against the Court of Appeal‘s judgment annulling the decision of the Competition Tribunal of 27 May 2021 prohibiting the acquisition by Schibsted of (...)

The Hellenic Competition Authority clears an acquisition in the energy, construction and real estate markets (Pyrsos / Prometheus)
Hellenic Competition Commission (Athens)
Grèce 131 contributions 18245 visites
Clearance of a notified concentration* SUBJECT: Clearance of the notified concentration concerning the acquisition by the company under the name “PYRSOS HOLDING COMPANY S.A.” of sole control over the company under the name “PROMETHEUS GAS S.A.” By its Decision no 809/2023, adopted on 22 (...)

The German Competition Authority clears the acquisition of some dairy brands and production sites by a rival dairy subject to structural and behavioural remedies (Theo Müller Group / Royal Friesland Campina)
German Competition Authority (Bonn)
Allemagne 457 contributions 116304 visites
Following commitments Theo Müller Group can acquire parts of the dairy business of Royal Friesland Campina* Bonn, 22 February 2023: Following intensive investigations, the Bundeskartellamt has today cleared plans by the Theo Müller Group to acquire brands and production sites for a number of (...)

The Hellenic Competition Authority approves the acquisition of an environmental services company by an electricity generation company (Hellas / Thalis)
Hellenic Competition Commission (Athens)
Grèce 131 contributions 18245 visites
Clearance of a notified concentration* SUBJECT: Clearance of the notified concentration concerning the acquisition by the company under the name “MOTOR OIL (HELLAS) CORINTH REFINERY S.A.” of sole control over the company under the name “THALIS ENVIRONMENTAL SERVICES S.A.” By its Decision (...)

The Canadian Competition Authority enters into a consent agreement with a chemical manufacturing company in relation to its acquisition of a rival chemical production company to preserve competition in the market for admixture systems (Sika / MBCC)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11570 visites
Competition Bureau reaches agreement with Sika AG to preserve competition in Canada’s admixture systems market* News release The Competition Bureau has entered into a consent agreement with Sika AG to address competition concerns with its acquisition of MBCC Group. A Bureau review (...)

The German Competition Authority clears the acquisition of three hospitals in Hamm, Lippstadt and Gronau by a rival (Johanniterorden / St. MarienHospital)
German Competition Authority (Bonn)
Allemagne 457 contributions 116304 visites
Bundeskartellamt has no objections to hospital mergers in Hamm, Lippstadt and Gronau (Westphalia)* Bonn, 21 February 2023: The Bundeskartellamt has cleared the merger projects by the hospital branch of the German Order of Saint John (Johanniterorden) to acquire three Protestant hospitals in (...)

The Belgian Competition Authority approves the acquisition of an IT company and its subsidiaries by another IT firm (Sopra Steria Group / Assua / Tobania / Python Predictions)
Belgian Competition Authority (Brussels)
Belgium 119 contributions 24110 visits
The Belgian Competition Authority approves the acquisition by the Sopra Steria group of Assua NV and its subsidiaries Tobania NV and Python Predictions BV* On 20 February 2023, the Belgian Competition Authority ("BCA") approved the merger by which Sopra Steria Benelux SA intends to acquire (...)

The COMESA Competition Authority publishes a Revised Guidance Note to provide more clarity to merger filing and notification procedures
Primerio (Johannesburg)
Afrique du Sud 3 contributions 199 visites
COMESA clarifies merger procedure* COMESA Competition Commission’s Revised Guidance Note provides much-needed clarity to parties in avoiding fines for late merger notifications On 20 February 2023, the COMESA Competition Commission (“CCC”) published its “Revised Guidance on Engagement with (...)

The Cypriot Competition Authority receives an acquisition notification from a global lifescience tools company (Lipomed / LGC)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9008 visits
Notification of a concentration concerning the acquisition of the “Reference Standards” business of Lipomed AG by LGC Science Group Holdings Ltd* The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the acquisition of the (...)

The Papua New Guinea Competition Authority approves the acquisition of a tyre manufacturing company (BSCAP / BSPN / BMSA)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papouasie-Nouvelle-Guinée 15 contributions 641 visites
ICCC GRANTS CLEARANCE TO BRIDGESTONE ASIA PACIFIC PTE LTD TO ACQUIRE BRIDGESTONE TYRES PNG LTD* The Independent Consumer and Competition Commission ("ICCC") officially announces that it has granted Clearance to Bridgestone Asia Pacific Pte Ltd ("BSCAP or Applicant") to proceed (...)

The New Caledonian Competition Authority approves the acquisition of two IT sales and services companies by an automobile sales company (Espace Pro / Société Calédonienne / Gladius)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3677 visits
The Autorité clears the takeover of Espace Pro and Société Calédonienne de Location by Gladius* Under the terms of this decision, the Autorité authorizes the acquisition of exclusive control of the companies Espace Pro SASU and Société Calédonienne de Location SASU by the company Gladius (...)

The EU Commission opens in-depth investigation into proposed acquisition of a large South Korean airline by a rival (Asiana / Korean Air)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Asiana by Korean Air* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Asiana by Korean Air. The Commission is concerned that the (...)

The EU Commission receives a merger referral from the Dutch Competition Authority concerning a proposed acquisition of a web-based interactive product designer by a rival (Figma / Adobe)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36505 visits
European Commission to assess the acquisition of Figma by Adobe* The European Commission will assess the acquisition of Figma by Adobe. Various European competition authorities support the request filed by the Austrian competition authority with the European Commission to assess this (...)

The UK Competition Authority initiates a preliminary investigation into the takeover of eight vet businesses by a veterinary services provider due to likelihood to increase costs for animal owners (IVC)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100858 visits
Takeover of eight vet businesses could increase costs for animal owners* CMA initial investigations into IVC’s purchase of eight independent vet businesses find competition concerns The Competition and Markets Authority (CMA) opened initial phase 1 investigations into IVC’s takeover of (...)

The Norwegian Supreme Court affirms the annulment of the Competition Authority’s decision prohibiting the acquisition of a used car sales online portal by an online marketplace owner (Schibsted / Nettbil)
Van Bael & Bellis (Brussels)
Belgium 61 contributions 15199 visits
,
Roschier (Stockholm)
Suède 4 contributions 453 visites
In its judgment of 16 February 2023, the Norwegian Supreme Court (the “Supreme Court”) affirmed the annulment of a decision by the Norwegian competition authority (“NCA”) which had prohibited Schibsted ASA (“Schibsted”) from acquiring a majority stake in the used car sales portal Nettbil AS (...)

The Brazilian Competition Authority reviews the acquisition of a vegetable producer and a pesticide distributor by an agricultural research and development firm (Feltrin / Agrocerrado / Grupo Syngenta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21646 visits
CADE to review acquisition of Feltrin and Agrocerrado by Grupo Syngenta* The firms operate in the field of agricultural products and technical support The Administrative Council for Economic Defense (CADE) will review the acquisition of Feltrin and Agrocerrado by Grupo Syngenta. (...)

The Australian Competition Authority grants interim authorisation for a joint venture to two gas companies for the marketing of gas in respect of a new prospective gas field (Vintage Energy / Bridgeport)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84180 visits
Interim authorisation granted to Odin joint venture for marketing gas* The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)

The Brazilian Competition Authority approves the acquisition of the port assets of a shipyard by a ports operator (Atlântico Sul / APMT Terminals)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21646 visits
CADE approves acquisition of Atlântico Sul by APMT Terminals* The transaction was cleared unconditionally In the hearing of 8 February 2023, the Administrative Council for Economic Defense (CADE) approved the APMT Terminals acquisition of the total share capital of Atlântico Sul owned by (...)

The Finnish Competition Authority identifies competition concerns in a proposed merger in the telecommunications network design, construction, and maintenance market, leading to the abandonment of the deal by the parties (Enersense / Voimatel)
White & Case (Brussels)
Finlande 3 contributions 863 visites
,
White & Case (Brussels)
Belgique 3 contributions 442 visites
Prohibition decisions and withdrawals of deals have traditionally been rare in Finnish merger control, as the Finnish Competition and Consumer Authority (“FCCA”) and merging parties usually find remedial solutions in cases raising competition concerns. However, in 2020 the Market Court (...)

The French Competition Authority clears the acquisition of a camping and outdoor activity accommodation provider by a rival (ECG / Vacanceselect)
French Competition Authority (Paris)
France 747 contributions 408095 visits
Outdoor accommodation industry: The Autorité clears the acquisition of the Vacanceselect Group by the ECG Group, subject to conditions* Background The Autorité de la concurrence clears the acquisition by the ECG Group, which is active in the outdoor accommodation sector, of the (...)

The Cypriot Competition Authority receives notification of an acquisition by a Luxembourg-based investment firm of a Maltese pharmaceutical company (Avlogen Malta / LetterOne Investment Holdings / L1 Health GP)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9008 visits
Notification of a concentration concerning the acquisition of part of the share capital of Avlogen Malta (Out-Licensing) Holding Ltd by LetterOne Investment Holdings S. A. (Lux), via L1 Health GP S.a r.l.* The Service of the Commission for the Protection of Competition has received a (...)

The EU Commission opens an in-depth investigation into the proposed acquisition of a provider of satellite-based communication services by a rival (Viasat / Inmarsat)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of Inmarsat by Viasat* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission is concerned that the (...)

The EU Commission okays unconditionally the creation of a joint venture by major telecommunication providers to support digital marketing and advertising activities in France, Germany, Italy, Spain and the UK (Deutsche Telekom / Orange / Telefónica / Vodafone)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
Mergers: Commission clears creation of a joint venture by Deutsche Telekom, Orange, Telefónica and Vodafone* The European Commission has approved unconditionally, under the EU Merger Regulation, the creation of a joint venture by Deutsche Telekom AG Orange SA, Telefónica S.A. and Vodafone (...)

The EU Commission conditionally approves the acquisition of a company in the market for the development and supply of chemical admixtures and construction materials (Sika / MBCC)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
Mergers: Commission clears the acquisition of MBCC by Sika, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of MBCC by Sika. The approval is conditional on the divestiture of MBCC’s global chemical admixture business. (...)

The New Zealand Competition Authority receives a notification of the proposed acquisition of a pets food company by a supermarket (Woolworths / PETstock)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25170 visits
Woolworths seeks clearance to acquire PETstock* The Commerce Commission has received a clearance application from Woolworths Group Limited (Woolworths) to acquire 55% of the shares in PETstock Pty Ltd (PETstock). Woolworths is an Australian-based retailer listed on the Australian Stock (...)

The UK Competition Authority provisionally holds that the $68.7B acquisition of a gaming firm will lead to higher prices and fewer choices for UK gamers (Microsoft / Activision)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100858 visits
Microsoft – Activision deal could harm UK gamers* A CMA investigation has provisionally concluded that Microsoft’s proposed acquisition of Activision could result in higher prices, fewer choices, or less innovation for UK gamers. In-depth independent investigation provisionally finds deal (...)

The UK Competition Authority cancels a phase 2 investigation into a proposed joint venture in the poultry feed industry following the abandonment of the deal by the merging parties (ForFarmers / 2Agriculture)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100858 visits
Poultry feed deal abandoned during CMA’s Phase 2 investigation* ForFarmers and 2Agriculture (a subsidiary company of Boparan) have abandoned their proposed joint venture. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 merger (...)

The Argentinian Secretariat of Trade updates the notification thresholds and fines set under Argentinian merger control regime
Bomchil (Buenos Aires)
Argentine 28 contributions 600 visites
,
Bomchil (Buenos Aires)
Argentine 27 contributions 591 visites
Resolution 63/2023 of the Secretariat of Trade (“ST”), published on February 7, 2023 in the Official Gazette and effective February 8, 2023, modified the value of the mobile unit (“MU”) defined in Section 85 of Competition Defense Law No. 27,442 on the Defense of Competition (the “Competition (...)

The US DoJ announces that two steel manufacturers are abandoning their proposed merger following an investigation which revealed competition concerns (Benteler Steel / Tenaris)
US Department of Justice (Washington)
United States 180 contributions 79233 visits
Benteler Steel & Tube Manufacturing Corp. Abandons Merger with Tenaris, S.A. After Justice Department Investigation* Proposed Acquisition Would Have Further Entrenched Tenaris’s Dominance in the Sale of Seamless Steel Pipe to Oil & Gas Companies in the United States Tenaris, S.A. (...)

The UK Competition Authority holds that the merger of dental service providers could worsen dental service options for patients in the South West and North East (Portman Healthcare / Dentex Healthcare)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100858 visits
Merger could worsen dental service options for patients in the South West and North East* The CMA found that Portman Healthcare’s anticipated deal to buy Dentex Healthcare raised competition concerns which could harm treatment for patients living in the South West and North East An initial (...)

The Canadian Competition Authority confirms pre-merger notification transaction-size threshold to remain at $93M
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11570 visites
Pre-merger notification transaction-size threshold to remain at $93M in 2023* The Competition Bureau confirmed today that in 2023 the pre-merger notification threshold relating to transaction size will remain unchanged following a decision by the Minister of Innovation, Science and Industry (...)

The Cypriot Competition Authority receives notification for the acquisition of part of the share capital of an industrial batteries business by an energy storage manufacturer (Sunlight Segal / Sunlight Group Energy)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9008 visits
The Service of the Commission for the Protection of Competition has received a notification of a concentration concerning the proposed acquisition of part of the share capital of Sunlight Segal Ltd by Sunlight Group Energy Storage System Industrial and Commercial Societe Anonyme. Sunlight (...)

The Cypriot Competition Authority receives notification concerning the acquisition of part of the share capital of a healthcare holding company by an investment holdings company (Emma Healthcare / Letterone)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9008 visits
The Service of the Commission for the Protection of Competition has received a notification of a proposed concentration concerning the acquisition of part of the share capital of Emma Healthcare Holding Limited by LetterOne Investment Holdings S.A. (Lux), via L1 Health GP S.a r.l. L1 Health (...)

The EU Court of Justice commences hearing on an appeal filed by a telecommunications firm against the General Court’s decision to uphold a record gun jumping fine of €124.5M (Altice / PT Portugal)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 1 contribution 73 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 1 contribution 73 visites
Altice Defends its Appeal of the General Court’s Decision to Uphold Record Gun-Jumping Fine in a Hearing before the Court of Justice* On February 1, 2023, the Court of Justice held a hearing in Altice’s appeal against the General Court’s decision in 2021 to largely uphold the Commission’s (...)

State Aid

 The EU Commission approves a Hungarian investment aid worth €89.6M for an electric vehicle battery manufacturing plant (Samsung)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €89.6 million Hungarian investment aid to Samsung SDI’s electric vehicle battery plant* The European Commission has found Hungary’s €89.6 million measure in favour of Samsung SDI to be in line with EU State aid rules. The investment aid will support the (...)

The EU Commission approves a French scheme worth €3B to support companies in five of the nation’s outermost regions
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €3 billion French scheme to support companies in five outermost regions* The European Commission has approved, under EU State aid rules, a €3 billion French scheme to compensate companies in five French outermost regions for the additional costs borne when (...)

The EU Commission approves a German scheme worth €1.1B to support rail transport operators using electric traction
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €1.1 billion German scheme to support rail transport operators using electric traction* The European Commission has approved, under EU State aid rules, a €1.1 billion German scheme to compensate rail transport operators using electric traction in the context of (...)

The EU Commission approves €55M German measure to support a steel manufacturer’s green steel demonstration plant (ArcelorMittal Hamburg)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €55 million German measure to support ArcelorMittal’s green steel demonstration plant* The European Commission has approved, under EU State aid rules, a €55 million German measure to support ArcelorMittal Hamburg GmbH (‘ArcelorMittal’) in building a (...)

The EU Commission approves €460M Spanish measure to support a steel manufacturer decarbonise its steel production (ArcelorMittal España)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €460 million Spanish measure to support ArcelorMittal decarbonise its steel production* The European Commission has approved, under EU State aid rules, a €460 million Spanish measure to support ArcelorMittal España (‘ArcelorMittal’) in partially decarbonising (...)

The EU Commission approves €170M Danish scheme to support renewable hydrogen production
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €170 million Danish scheme to support renewable hydrogen production* The European Commission has approved, under EU State aid rules, a €170 million Danish scheme to support the production of renewable hydrogen through Power-to-X (‘PtX’) technologies. The (...)

The EU Commission approves €259M Romanian scheme under Recovery and Resilience Facility to support investments in batteries, photovoltaic cells and panels
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €259 million Romanian scheme under Recovery and Resilience Facility to support investments in batteries, photovoltaic cells and panels* The European Commission has approved, under EU State aid rules, a €259 million Romanian scheme, made available in part (...)

The EU Commission approves a French measure worth €2B to support offshore wind energy generation
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €2.08 billion French measure to support offshore wind energy generation* The European Commission has approved, under EU State aid rules, a €2.08 billion French measure to support offshore wind electricity production in France. The measure will contribute to (...)

The EFTA Surveillance Authority adopts new guidelines on State aid for broadband networks applicable to the European Economic Area EFTA States
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28661 visits
ESA adopts new guidelines on State aid for broadband networks* The EFTA Surveillance Authority (ESA) has today adopted new guidelines for broadband networks applicable to the EEA EFTA states. The new guidelines provide a framework and guidance that ESA will apply while assessing State aid (...)

The EFTA Surveillance Authority approves a grant scheme for businesses in Liechtenstein particularly affected by the severe rise in energy prices caused by the Russian aggression against Ukraine
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28661 visits
ESA approves Liechtenstein grant scheme for businesses affected by rising energy prices* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for businesses in Liechtenstein particularly affected by the severe rise in energy prices caused by the Russian aggression against (...)

The EU General Court partly overturns the Commission’s decision with its ruling on the selectivity and profitability of agreements between airports and airlines (Carpatair)
Maastricht University (Maastricht)
Belgique 357 contributions 66492 visites
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable (...)

The EU General Court annuls the approval of Romanian State aid to an airport in favour of an airline because the Commission committed several errors in law when examining whether the aid measures were selective and conferred an advantage (Carpartair)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32495 visits
The General Court annuls the decision of the European Commission approving Romanian aid to Timișoara International Airport in favour of Wizz Air* The Commission committed several errors of law when examining whether those measures were selective and whether they conferred an advantage (...)

The EU Commission approves €1.36B Greek scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €1.36 billion Greek scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Greek scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €1.5B French scheme to support protection against the insolvency of travel organisers
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2921184 visits
State aid: Commission approves €1.5 billion French scheme to support protection against the insolvency of travel organisers* The European Commission has approved, under EU State aid rules, a €1.5 billion French scheme to support insurers that cover travel organisers’ insolvency. The aim of (...)

The EU Court of Justice partially annuls the Commission’s decision on the Spanish Tax Lease System and clarifies the extent to which public authorities can implement general measures without favouring any undertaking (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión / Caixabank)
Maastricht University (Maastricht)
Belgique 357 contributions 66492 visites
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn (...)

The EU Court of Justice partially annuls the EU Commission’s decision on the Spanish Tax Lease System (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión / Caixabank)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109478 visits
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’ * The recovery of the full amount of the aid referred to was ordered on the basis of an erroneous identification of the recipients In 2006, several complaints were made to the European (...)

Procedures

 The US Supreme Court casts doubt on the future of the per se rule by reinforcing the constitutional principle that penalties may only be imposed where the relevant statute plainly provides for it (Bittner)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5155 visits
Last week the Supreme Court decided a case interpreting the Bank Secrecy Act, Bittner v. U.S., 598 U.S. __(2023). Justice Ketanji Brown Jackson joined Justice Neil Gorsuch’s opinion for the majority in a 5-4 decision. The case revolved around what constitutes a violation of the act: Each (...)

The South African Competition Authority publishes final guidelines on the exchange of competitively sensitive information
South African Competition Commission (Pretoria)
Afrique du Sud 25 contributions 3001 visites
COMMISSION PUBLISHES FINAL GUIDELINES ON THE EXCHANGE OF COMPETITIVELY SENSITIVE INFORMATION* On Friday, 24 February 2023, the Competition Commission (Commission) published Guidelines on the Exchange of Competitively Sensitive Information in the Government Gazette. This follows requests from (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €4.8M on a construction cartel and a motion to ascertain whether a leniency applicant committed an infringemen (Pittel / Brausewetter / Kostmann)
Austrian Competition Authority (Vienna)
Autriche 64 contributions 7630 visites
Construction cartel UPDATE – AFCA files application for a fine on Pittel + Brausewetter and for findings on Kostmann* In the course of its investigations into the Austrian construction industry, the Austrian Federal Competition Authority (AFCA) filed another application on 21 February 2023 (...)

The Canadian Competition Authority secures an order from the Federal Court to advance an investigation into a potential abuse of dominance by a professional association and its subsidiary in the real estate market (QPAREB / Société Centris)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11570 visites
Competition Bureau obtains court order to advance an investigation of competition in the Quebec real estate services market* News release The Competition Bureau has obtained a court order to advance an investigation into conduct by the Quebec Professional Association for Real Estate (...)

The EU Court of Justice provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law (Tráficos Manuel Ferrer)
University of Vienna
Autriche 5 contributions 990 visites
The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages (...)

The South Korean FTC announces plans to implement far reaching reforms of its investigatory processes and powers to enhance predictability and strengthen case-handling procedures and standards
Korea Fair Trade Commission (Seoul)
Corée du Nord 11 contributions 578 visites
KFTC Proposes Plans to Improve Law Enforcement system* Strengthen the principle of due process of law, separate the Investigative and policy-making roles The Korea Fair Trade Commission (led by Chairperson Ki Jeong Han, hereinafter the “KFTC”) plans to improve its law enforcement system to (...)

The EU Court of Justice clarifies the scope of the right to full compensation and the recourse to judicial estimation of damages under the Damages Directive (Tráficos Manuel Ferrer)
Roschier (Stockholm)
Suède 4 contributions 453 visites
,
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8119 visits
,
Van Bael & Bellis (Brussels)
Belgique 14 contributions 1592 visites
On 16 February 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling in Case C-312/21 (Tráficos Manuel Ferrer) which clarified the circumstances under which the exercise of the right to full compensation is rendered ‘practically impossible or excessively (...)

The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer)
Hausfeld (Berlin)
Allemagne 7 contributions 1159 visites
,
Hausfeld (Berlin)
Allemagne 2 contributions 491 visites
This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. The Advocate General’s opinion had raised high expectations for the ECJ’s (...)

The EU Court of Justice rules that in partly upheld competition law damage claims a national rule can require the costs to be borne by all parties (Tráficos Manuel Ferrer)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109478 visits
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs* The information (...)

The French Competition Authority declares a complaint by a florist company inadmissible on the ground that the Authority is not competent to issue a negative exemption decision to a company that requests it (Interflora)
French Competition Authority (Paris)
France 747 contributions 408095 visits
Application for review of injunctions: The Autorité de la concurrence declares Interflora’s complaint inadmissible* Background On 1 December 2020, Interflora France referred to the Autorité de la concurrence for a review of the injunctions issued against it by Decision of the Minister for (...)

The French Constitutional Council upholds the constitutional right to appeal the Competition Authority’s decision to reject commitments in antitrust proceedings (Sony)
Cleary Gottlieb Steen & Hamilton (Paris)
France 2 contributions 159 visites
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 88 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 1 contribution 88 visites
The French Conseil Constitutionnel Decides in Favour of Constitutional Right of Appeal of FCA’s Decisions Rejecting Commitments During Antitrust Proceedings* On February 10, 2023, the French Constitutional Council (“Conseil constitutionnel”) considered that the second sentence of Article L. (...)

The UK Competition Appeal Tribunal and the High Court jointly rule that the Competition Authority cannot compel foreign-domiciled persons with no UK connection to provide information or documents (Volkswagen / BMW)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 61 contributions 27500 visites
,
Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 26 contributions 7123 visites
,
Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 3 contributions 772 visites
…
On February 8, 2023, the UK Competition Appeal Tribunal (CAT) and the High Court held in a joint ruling that the Competition and Markets Authority (CMA) does not have the power under section 26 of the Competition Act 1998 (CA98) to compel documents or information from a foreign-domiciled (...)

Regulatory

 The Latvian Competition Authority accepts the compliance commitments offered by local government in Jelgava to alleviate competition concerns about the local government’s public procurement (City State of Jelgava / Pilsētsaimniecība)
Latvian Competition Council (Riga)
Latvia 124 contributions 24456 visits
The CC: Local Government of the State City of Jelgava and its institution "Pilsētsaimniecība" commit to promote competition in procurements* The Competition Council (the CC) has concluded a negotiation procedure with the Local Government of the State City of Jelgava and its institution (...)

The Belgian Government takes action to screen foreign direct investment on its territory following the adoption of the FDI screening mechanism legislation
Peter Camesasca Advocaat (Brussels)
Belgique 34 contributions 13384 visites
,
Covington & Burling (Brussels)
Belgique 16 contributions 3567 visites
,
Covington & Burling (Brussels)
Belgium 4 contributions 1723 visits
Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime may place additional compliance obligations on (...)

The Dutch Competition Authority updates its guideline on price arrangements between self-employed workers to allow independent contractors negotiate collectively without violating the competition rules
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36505 visits
Self-employed workers are able to negotiate collectively without violating the competition rules* Self-employed workers (independent contractors) are able to negotiate collectively for pay and other terms of employment without violating the competition rules. Following amendments to European (...)

The EU Commission puts out for consultation a draft Implementing Regulation on proceedings pursuant to the Foreign Subsidies Regulation
Freshfields Bruckhaus Deringer (Berlin)
Allemagne 6 contributions 1466 visites
,
Freshfields Bruckhaus Deringer (Amsterdam)
Pays-Bas 2 contributions 869 visites
,
Allemagne 1 contribution 459 visites
…
Yesterday the European Commission put out for consultation a draft Implementing Regulation on proceedings pursuant to the Foreign Subsidies Regulation (FSR). Businesses and other interested parties have until 6 March 2023 to feed in their views. The FSR requires companies to notify the (...)

The US DoJ rescinds longstanding policy governing information exchanges in the healthcare sector
Hogan Lovells (Washington)
États-Unis 7 contributions 1177 visites
,
Hogan Lovells (Washington)
États-Unis 2 contributions 618 visites
On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in health care. Specifically, DOJ is withdrawing “safe harbors” for health care provider mergers, joint ventures, and joint purchasing (...)

The US DOJ signals heightened scrutiny on information exchanges and competitor collaborations in the healthcare sector and other industries
McDermott Will & Emery (Washington)
États-Unis 5 contributions 1049 visites
,
McDermott Will & Emery (Washington)
États-Unis 36 contributions 6145 visites
,
McDermott Will & Emery (Chicago)
United States 10 contributions 2497 visits
…
What happened On February 3, 2023, the US Department of Justice’s (DoJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DoJ’s decision to withdraw these statements (...)

The US DOJ withdraws policy statements in the healthcare industry to signal increased scrutiny on mergers, joint ventures, group purchasing and information sharing
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 1 contribution 82 visites
,
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 2 contributions 136 visites
,
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 6 contributions 921 visites
The Department of Justice (DoJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and information sharing among industry participants. Without these safety (...)

The US DoJ rescinds three longstanding pieces of guidance on the exchange of competitively sensitive information through third parties
Morgan Lewis (Philadelphia)
États-Unis 3 contributions 349 visites
,
Morgan Lewis (Philadelphia)
États-Unis 3 contributions 592 visites
,
Morgan Lewis (Philadelphia)
États-Unis 8 contributions 1043 visites
…
The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The guidance previously created a safe harbor for market benchmarking surveys (...)

The US DoJ withdraws outdated enforcement policy statements related to healthcare markets
US Department of Justice (Washington)
United States 180 contributions 79233 visits
The Withdrawal Best Serves the Interests of Healthcare Competition The Justice Department’s Antitrust Division announced today the withdrawal of three outdated antitrust policy statements related to enforcement in healthcare markets: Department of Justice and FTC Antitrust Enforcement Policy (...)