January 2023

General antitrust

 The Irish Competition Authority opens consultation on revision of its verticals declaration
Irish Competition Authority (Dublin)
Irlande 91 contributions 14697 visites
CCPC opens consultation on revision of its verticals declaration* The Competition and Consumer Protection Commission (CCPC) has opened a public consultation on proposed revisions to its declaration in respect of vertical agreements and concerted practices (the Declaration). The current CCPC (...)

The UK Competition Authority publishes Draft Guidance on horizontal agreements and Draft Sustainability Guidance to signal greater openness towards collaborative efforts to fight climate change
Van Bael & Bellis (London)
2 contributions 117 visites
On 25 January 2023, the UK Competition and Markets Authority (the “CMA”) opened a consultation on its Draft Guidance on Horizontal Agreements, which is intended to set out the framework for the application of the Chapter I prohibition of the Competition Act 1998 - the UK equivalent of Article 101 (...)

The Hong Kong Competition Authority publishes a revised set of model "Non-Collusion Clauses" for procurers to incorporate in their invitation to bid documents and contracts
ONC Lawyers (Hong Kong)
1 contribution 71 visites
Introduction On 17 January 2023, the Competition Commission (the “Commission”) published a revised set of Model Non-Collusion Clauses for procurers to incorporate in their invitation to bid documents and contracts. Background In December 2017, with a view to reducing the procurers’ exposure to (...)

The Hong Kong Competition Authority updates its model “Non-collusion Clauses” to further protect procurement processes
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9899 visits
Model “Non-collusion Clauses” enhanced to further protect procurement processes* The Commission has published a revised set of model “Non-collusion Clauses” in January 2023 for procurers to incorporate in their invitation to bid documents and contracts. The newly added clauses require bidders to (...)

The Hong Kong Competition Authority publishes a revised set of model “Non-collusion Clauses” that companies can incorporate in their procurement processes
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9899 visits
Competition Commission enhances model “Non-collusion Clauses” to strengthen protection for procurers against attempts to undermine competition* The Competition Commission (Commission) today published a revised set of model “Non-collusion Clauses” for procurers to incorporate in their invitation to (...)

The Japanese Competition Authority seeks public comments on proposed guidelines for enterprises aimed at realizing a greener society under the Antimonopoly Act
White & Case (Tokyo)
Japon 21 contributions 3264 visites
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White & Case (Tokyo)
Japon 20 contributions 3176 visites
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White & Case (Tokyo)
Japon 21 contributions 3264 visites
On January 13, 2023, Japan Fair Trade Commission ("JFTC") proposed a draft of "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" ("Draft Guidelines"). The due date for the public comments is 6pm on Monday, February (...)

The US Congress introduces a discussion draft with a view to increasing trade links and government support for trade with Central and South American businesses
Shearman & Sterling (New York)
United States 1 contribution 51 visits
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Shearman & Sterling (Washington)
United States 1 contribution 51 visits
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Shearman & Sterling (Washington)
United States 1 contribution 51 visits
On January 11, 2023, United States Senator Bill Cassidy (R-LA) and Representative Maria Elvira Salazar (R-FL) released a “discussion draft” of The Americas Trade and Investment Act (“Americas Act”). The objectives reflected in the draft text are notable, because it would create the “Americas (...)

The EU Commission releases draft antitrust exemption Guidelines for sustainability agreements in the agri-food industry
Jones Day (Paris)
France 29 contributions 24888 visits
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Jones Day (Frankfurt)
Germany 13 contributions 3494 visits
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Jones Day (Brussels)
Belgium 15 contributions 7238 visits
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In Short The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain that target certain European Union ("EU") sustainability objectives. The (...)

The US FTC proposes a new rule to ban noncompete clauses, which suppress wages and harms competition Free
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37737 visits
FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition* Agency estimates new rule could increase workers’ earnings by nearly $300 billion per year The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, (...)

Anticompetitive practices

 The Turkish Competition Authority concludes its preliminary investigation into the market for car rental services and finds no evidence of anticompetitive exchange of information restricting competition (ALD Automotive / Celik Motor / Garanti Filo...)
ACTECON (Istanbul)
Turkey 12 contributions 1499 visits
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ACTECON (Istanbul)
Turquie 7 contributions 748 visites
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ACTECON (Istanbul)
Turquie 2 contributions 459 visites
On 31 January 2023, Turkish Competition Authority’s (“TCA”) decision dated 21 July 2022 and numbered 22-33/526-212 regarding a preliminary investigation into the car rental services market (the “Decision”) was published on the TCA’S official website. Back in 2020, the TCA started this preliminary (...)

The Hellenic Competition Authority carries out dawn raids in the beer and alcoholic beverages sector
Hellenic Competition Commission (Athens)
Grèce 115 contributions 15759 visites
Press Release - Dawn raids in the beer and alcoholic beverages sector* On 31 January 2023, officials of the Hellenic Competition Commission (HCC) carried out unannounced inspections in the beer and alcoholic beverages sector. The dawn raid was carried out in the context of the HCC’s (...)

The Mexican Competition Authority issues a statement indicating the probable existence of price fixing practices in the market for maritime diesel
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
Cofece notifies several economic agents and natural persons of a statement of probable responsibility for possible price manipulation in the retail sale of maritime diesel* The Investigative Authority concluded its inquiry and issued a statement of probable responsibility in which it indicates (...)

The German Competition Authority issues a Statement of Objections to an association of medical aid providers over a coordinated price increase to the detriment of health insurance companies (ARGE)
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
Bonn, 25 January 2023: The Bundeskartellamt has sent its preliminary investigation results in the proceeding for coordinated price increases to the detriment of health insurance companies to the working group of associations of medical aids providers (referred to as ARGE) for comments. ARGE (...)

The US DOJ secures a guilty plea by a Texas military contractor for bid rigging (Aaron Stephens)
US Department of Justice (Washington)
United States 163 contributions 67823 visits
Military Contractor Pleads Guilty to Bid Rigging* A Texas military contractor pleaded guilty on Jan. 12 to rigging bids on public military contracts in the state of Texas. According to court documents, Aaron Stephens, 53, conspired with others to rig bids on certain government contracts from (...)

The Turkish Competition Authority announces the initiation of two full-fledged investigations concerning the pricing policies of private schools in Ankara
ACTECON (Istanbul)
Turkey 12 contributions 4060 visits
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ACTECON (Istanbul)
Turquie 2 contributions 453 visites
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ACTECON (Istanbul)
Turkey 5 contributions 1705 visits
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On 12 January 2023, the Turkish Competition Authority (“TCA”) announced the initiation of two full-fledged investigations concerning the practices of certain private schools. Those investigations reveal that the TCA has been closely monitoring the news on the private schools’ pricing policies (...)

The EU Court of Justice upholds Commission’s decision in a banking group cartel case, and gives guidance on presumption of innocence in hybrid settlements (HSBC)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4876 visits
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90625 visits
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by HSBC against a General Court judgment partially upholding the Commission’s decision in the Euro interest rate derivatives (“EIRD”) cartel case. In 2013, the European Commission adopted a decision (...)

The EU Court of Justice partially overturns the General Court’s judgment on procedural grounds, and clarifies the presumption of innocence in hybrid investigations and scope of restrictions by object in information exchanges (HSBC)
Covington & Burling (Brussels)
Belgium 47 contributions 16970 visits
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Covington & Burling (Brussels)
Belgique 6 contributions 1117 visites
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Covington & Burling (Brussels)
Belgique 2 contributions 148 visites
On 12 January 2023, the European Court of Justice (“ECJ”) published its long-awaited judgment in C 883/19 P HSBC v Commission. The ECJ confirmed that HSBC had engaged in anti-competitive conduct but partially overturned the General Court’s (“GC”) judgment on procedural grounds. The judgment (...)

The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94367 visits
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The French Supreme Court takes a position on the legal basis for judicial price control, taking into particular consideration the notion of advantages without counterparts under French competition law (OC Résidences)
Juliette Desvaux (Paris)
1 contribution 149 visites
The Cour de Cassation ruled that judicial control on the price can be exercised on the basis of the sanction of « advantages without counterpart » (former art. L. 442-6 I 1° and actual art. L. 442-1 1° CCom, after ordonnance of April 24, 2019), not only on the basis of the sanction of « submission (...)

The Czech Competition Authority fines a sewing equipment distributor for price fixing (Brother Sewing)
Czech Competition Authority (Brno)
République tchèque 40 contributions 5508 visites
Brother Sewing Equipment Distributor Fined More Than a Million CZK for Fixing Prices to Retailers * The Office for the Protection of Competition imposed a fine of CZK 1,134,000 on the company Sewing Technology Brother s.r.o. (hereinafter referred to as “Brother“) for concluding and executing (...)

The French Directorate-General for Competition, Consumer Affairs and Fraud Control issues a fine of over €148K to metal recycling companies for non-compete and no-poach agreements
King’s College (London)
Belgique 15 contributions 2599 visites
On 6 January 2023, the Directorate-General for Competition, Consumer Affairs and Fraud Control of the French government (DGCCRF) announced its decision to fine three metal recycling companies a total of € 148,000 for entering into non-compete and no-poach agreements in the context of a merger. (...)

The Hong Kong Competition Authority opens an investigation into four estate agencies following their issuance of internal memos on net commission for first-hand property transactions (Centaline / Hong Kong Property / Midland reality / Riacorp)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9899 visits
Statement by the Competition Commission regarding estate agencies’ internal memos on commission for first-hand property transactions* In response to recent media reports about four real estate agencies’ internal memos regarding commission for first-hand property transactions, the Competition (...)

The Czech Competition Authority imposes a fine on a chemical manufacturing company for concluding illegal vertical agreements restricting competition (Eurona)
Czech Competition Authority (Brno)
République tchèque 40 contributions 5508 visites
Eurona Restricted Price Competition And Online Sales, The Fine Was Significantly Reduced For Extraordinary Cooperation* The Office for the Protection of Competition imposed a fine of CZK 12,773,000 on the undertaking EURONA s.r.o. for concluding illegal vertical agreements restricting (...)

The US FTC undertakes an unprecedented crackdown on noncompete agreements
White & Case (Washington)
United States 9 contributions 1286 visits
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White & Case (Washington)
États-Unis 9 contributions 3514 visites
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White & Case (New York)
États-Unis 1 contribution 64 visites
The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that the FTC has brought an enforcement action to halt the use of noncompete (...)

The US FTC sets its sights on noncompete agreements and launches its first major standalone section 5 claims
Shearman & Sterling (Washington)
United States 15 contributions 4551 visits
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Shearman & Sterling (Washington)
United States 20 contributions 12181 visits
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Shearman & Sterling (New York)
United States 20 contributions 7915 visits
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Introduction Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very next day, the FTC issued a Notice of Proposed Rulemaking (...)

The US FTC proposes rule banning non-compete agreements between employers and their employees or independent contractors
1 contribution 99 visites
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McDermott Will & Emery (Chicago)
États-Unis 1 contribution 99 visites
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McDermott Will & Emery (Chicago)
États-Unis 1 contribution 99 visites
On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. This proposal arises from a preliminary finding by the FTC that noncompetes constitute an unfair method (...)

The US FTC proposes a broad ban on worker noncompete clauses
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 60 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 60 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 60 visites
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On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit employers from entering noncompete clauses with workers, and require (...)

The US FTC proposes to ban employer non-compete agreements which signals a possible sea-change for employers across industries
Hogan Lovells (Washington)
United States 3 contributions 1229 visits
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Hogan Lovells (Washington)
United States 4 contributions 1426 visits
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Hogan Lovells (Washington)
États-Unis 4 contributions 680 visites
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The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers across industries. Significantly, however, non-profit (...)

The US FTC forces three companies and two individuals to halt anticompetitive noncompete restrictions in glass container manufacturing and security services (Prudential Security / O-I Glass / Ardagh Group / Greg Wier / Matthew Keywell) Free
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37737 visits
FTC Cracks Down on Companies That Impose Harmful Noncompete Restrictions on Thousands of Workers* Agency action eliminates noncompetes covering thousands of workers, promoting greater economic opportunity and competition The Federal Trade Commission has taken legal action against three (...)

The US FTC proposes a new rule to ban nearly all employee noncompete agreements
Hogan Lovells (Washington)
United States 10 contributions 3465 visits
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Hogan Lovells (Washington)
United States 16 contributions 6396 visits
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Hogan Lovells (Washington)
États-Unis 9 contributions 951 visites
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On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with employees by making the use of such non-competes a violation of Section 5 of (...)

The US FTC proposes a rule that would prohibit employers from having their employees sign any form of noncompete agreements
Clifford Chance (Washington)
États-Unis 1 contribution 61 visites
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Clifford Chance (Washington)
États-Unis 1 contribution 61 visites
The FTC proposed a rule that departs from decades of legal precedent and ignores procompetitive justifications by looking to ban noncompetes in almost every situation. On January 5, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would prohibit employers from (...)

The US FTC seeks to ban non-competes and brings related enforcement actions
Covington & Burling (Washington)
United States 21 contributions 1587 visits
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Covington & Burling (Washington)
United States 8 contributions 3615 visits
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Covington & Burling (Washington)
United States 3 contributions 675 visits
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Contract terms limiting employees’ ability to work for competitors are squarely in the crosshairs of the Federal Trade Commission. In back-to-back days during the first week of January, the FTC used enforcement actions and a newly proposed regulation to declare its position that virtually all (...)

The US FTC proposes an unprecedented rule banning most employer/employee noncompete clauses
Jones Day (Washington)
États-Unis 21 contributions 7187 visites
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Jones Day (Washington)
États-Unis 19 contributions 3551 visites
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Jones Day (San Francisco)
États-Unis 4 contributions 3017 visites
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In early January 2023, the Federal Trade Commission (“FTC”) proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight months, and possibly longer (if ever), given the likelihood of challenges to (...)

The US FTC proposes a rule that would ban employers from entering into and maintaining noncompete clauses with their workers
Morgan Lewis (Washington)
États-Unis 4 contributions 508 visites
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Morgan Lewis (Philadelphia)
États-Unis 6 contributions 780 visites
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Morgan Lewis (Houston)
États-Unis 1 contribution 64 visites
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The Federal Trade Commission (FTC) announced a notice of proposed rule making (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential ability for workers to change jobs more freely, employers will become (...)

Unilateral Practices

 The Croatian Competition Authority fines a supermarket for imposing unfair trading practices on a fresh egg supplier in the business-to-business food supply chain (Trgocentar)
Croatian Competition Agency (Zagreb)
Croatie 115 contributions 18339 visites
CCA fines TRGOCENTAR from Zabok EUR 13,272 for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Trgocentar d.o.o., Zabok HRK 100,000 (EUR 13,272.28) for the serious infringement of the Croatian Act on the prohibition of unfair trading practices in the (...)

The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
Flint Global (Brussels)
France 7 contributions 13829 visits
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)

The Bulgarian Competition Authority issues a Statement of Objections over abuse of dominance by undertakings of the same corporate group in the freight rail transport industry (DP NKZI / BDZ TP)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 17 contributions 2329 visits
The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests* With Ruling № 67/19.01.2023 on case № (...)

The Belgian Competition Authority imposes a fine of €2.7M for abuse of dominance on a pharmaceutical company (Novartis) Free
Belgian Competition Authority (Brussels)
Belgique 95 contributions 21279 visites
The Belgian Competition Authority imposes a fine of EUR 2 782 808 on Novartis for abuse of dominant position* The Competition College of the Belgian Competition Authority has on 23 January 2023 imposed a fine of EUR 2,782,808 on Novartis Pharma SA en Novartis AG (hereafter Novartis) for the (...)

The US DoJ and 8 State Attorneys General sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
United States 163 contributions 67823 visits
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis) Free
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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As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal) Free
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

The EU Court of Justice finds a major FMCG company liable for abuse of dominance due to exclusivity clauses imposed by its independent distributors on operators of sale outlets (Unilever Italia)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94367 visits
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects* The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant (...)

The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 TFEU (Unilever Italia)
Van Bael & Bellis (Brussels)
Belgique 22 contributions 4203 visites
On 19 January 2023, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the Unilever case (Case C-680/20) concerning the allegedly exclusionary strategy implemented by Unilever in Italy and consisting of the imposition by Unilever’s distributors of exclusivity clauses in (...)

The EU Court of Justice preliminarily determines that dominant firms can be held to account for abusive conduct even when third parties implement the infringement (Unilever Italia)
Hausfeld (London)
Royaume-Uni 20 contributions 4795 visites
On 19 January 2023, the CJEU delivered its preliminary ruling in the case Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato, C-680/20 (“AGCM”) (“Unilever”), on two questions posed by the Consiglio di Stato (Italian Council of State). The first related to the (...)

The EU Court of Justice confirms that an effects-based approach applies to exclusive dealing and clarifies the narrow circumstances under which the conduct of distributors can engage the liability of a dominant company (Unilever Italia)
White & Case (Brussels)
Belgium 18 contributions 9268 visits
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White & Case (Brussels)
Belgium 38 contributions 64517 visits
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White & Case (Brussels)
Belgique 1 contribution 618 visites
On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant (...)

The Belgian Competition Authority fines a skincare company for imposing minimum prices and active and passive sales restrictions (Caudalie)
Belgian Competition Authority (Brussels)
Belgique 95 contributions 21279 visites
The Belgian Competition Authority has imposed a fine on companies of the Caudalie group for imposing minimum prices and active and passive sales restrictions* On 18 January 2023, the Competition College decided that companies of the Caudalie group imposed minimum prices and active and passive (...)

The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol)
ACTECON (Istanbul)
Turkey 12 contributions 4060 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1705 visits
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ACTECON (Istanbul)
Turkey 2 contributions 696 visits
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to a (...)

The Polish Competition Authority fines a German manufacturer of vacuum cleaners for resale price maintenance (Karcher)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19622 visits
Karcher - fine for long-standing collusion* Sales prices of cleaning devices and systems of the Kaercher brand have been artificially inflated for more than 20 years. President of UOKiK Tomasz Chróstny imposed a fine of PLN 26 million on the Karcher company. The penalty would be significantly (...)

The EU Court of Justice upholds a finding of abuse of dominance by a national railway company in the Lithuanian freight market (Lietuvos geležinkeliai)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 132 visits
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) upheld the General Court’s judgment fining the Lithuanian national railway company, Lietuvos geležinkeliai AB (“LG”), € 20 million for abusing its dominant position in the Lithuanian freight market (Case C-42/21 P). Background In (...)

The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately €20M on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94367 visits
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company * The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)

The German Competition Authority issues a Statement of Objections against a Big Tech search engine for implementing anticompetitive data processing terms (Google)
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
Statement of objections issued against Google’s data processing terms* Bonn, 11 January 2023: On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in the (...)

The Croatian Competition Authority fines an undertaking for imposing unfair trading practices on sweetcorn suppliers (Eurotex Global Trade)
Croatian Competition Agency (Zagreb)
Croatie 115 contributions 18339 visites
CCA fines EUROTEX GLOBAL TRADE (formerly GLAVICE) HRK 50,000 for imposing unfair trading practices on sweetcorn suppliers* The Croatian Competition Agency (CCA) fined EUROTEX GLOBAL TRADE d.o.o. (formerly GLAVICE d.o.o.) HRK 50,000 for the infringement of the Croatian Act on the prohibition of (...)

The German Competition Authority issues statement of objections against a Big Tech company’s data processing terms (Google)
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
Statement of objections issued against Google’s data processing terms* On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in the proceeding initiated (...)

The Czech Competition Authority fines a payment processing company for abuse of dominance in the market for updated data on public transport timetables (Chaps)
Czech Competition Authority (Brno)
République tchèque 40 contributions 5508 visites
NEW FINE FOR ABUSE OF DOMINANT POSITION IMPOSED ON CHAPS AMOUNTS TO CZK 956,000* The Chairman of the Office for the Protection of Competition, Petr Mlsna, has confirmed repeatedly the fine of CZK 956,000 imposed on CHAPS spol. s r.o. (hereinafter CHAPS) for abuse of a dominant position in the (...)

The Czech Parliament amends the Significant Market Power Act to extend its application from retail to all levels of the agricultural supply chain Free
Schoenherr (Prague)
Czech Republic 1 contribution 69 visits
A significant amendment to the Czech Significant Market Power Act The Czech Republic have had an Act on significant market power in the sale of agricultural and food products and its abuse (the ’SMP Act’) in effect since 2010. In the light of the Directive (EU) 2019/633 on unfair trading (...)

Mergers

 The Saudi Arabian Competition Authority raises the national merger notification thresholds
Saudi Arabian Competition Authority (Riyadh)
Saudi Arabia 15 contributions 1082 visits
The General Authority for Competition announces raising the minimum requirement for reporting economic concentration* The General Authority for Competition announced that it had raised the minimum annual sales requirement on which the economic concentration is “reportable” from 100 million (...)

The Dutch Competition Authority concludes that a takeover of an undertaking will lead to the creation of a dominant position in the media industry (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 201 contributions 33173 visites
ACM: Takeover media company Talpa by RTL leads to dominant position* The Netherlands Authority for Consumers and Markets (ACM) concludes that the proposed amendments of the transaction between the media companies RTL and Talpa are insufficient to remove the concern that the transaction will (...)

The Belgian Competition Authority dismisses complaint against telecommunication undertakings regarding their mobile infrastructure sharing agreement (Telenet / Proximus / Orange) Free
Belgian Competition Authority (Brussels)
Belgique 95 contributions 21279 visites
The Belgian Competition Authority has decided to dismiss Telenet’s complaint against Proximus and Orange regarding their mobile infrastructure sharing agreement ("RAN-sharing")* In October 2019, Telenet Group NV and Telenet BVBA ("Telenet"), a provider of fixed and mobile telephony, internet (...)

The Belgian Competition Authority approves the acquisition of an undertaking in the shipping industry (Mexico Natie Group / Katoen Natie)
Belgian Competition Authority (Brussels)
Belgique 95 contributions 21279 visites
The Belgian Competition Authority approves the acquisition of Mexico Natie Group by Katoen Natie* On 30 January 2023, the Belgian Competition Authority (BCA) approved the acquisition of Mexico Natie Groep by Katoen Natie NV. The concentration was notified on 12 January 2023 and the (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues on a proposed acquisition in the telecommunications industry (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 147 contributions 21411 visites
Statement of Preliminary Issues released for Connexa / 2degrees passive mobile tower assets* The Commerce Commission has published a statement of preliminary issues relating to an application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure (...)

The New Zealand Competition Authority opens investigation into the acquisition of two animal bedding producers by a logistics company (ABS Carriers / Supa Shavings / Alderson Logistics)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 147 contributions 21411 visites
Investigation opened into Alderson Logistics Limited’s acquisitions of ABS Carriers and Supa Shavings* The Commerce Commission has opened an investigation into the acquisition of the assets of ABS Carriers Limited (trading as Animal Bedding Supplies/Moorey Animal Bedding) and Supa Shavings (...)

The Cypriot Competition Authority receives notification of a proposed acquisition of part of the share capital of an Austrian cargo vehicle manufacturer and supplier by an international investment company (T.A.S. Overseas Investments / TransAnt)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7311 visits
Notification of a concentration regarding the acquisition of part of the share capital of TransAnt GmbH by T.A.S. Overseas Investments Limited* The Service of the Commission for the Protection of Competition announces that is has received a notification in relation with the proposed (...)

The Canadian Federal Court of Appeal dismisses the Competition Authority’s appeal and clears a merger in the telecommunications sector subject to conditions (Rogers / Shaw)
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19727 visits
Introduction Tuesday 24 January 2023 was not a good day for Canada’s Competition Commissioner (‘the Commissioner’) and the Competition Bureau (‘the Bureau’), which assists the Commissioner in the administration and enforcement of the Competition Act (‘the Act’). This day marked the Federal Court of (...)

The Canadian Federal Court of Appeal dismisses the Competition Authority’s appeal against a ruling which annulled a merger prohibition in the telecommunications sector (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visites
Statement from the Commissioner of Competition on the Federal Court of Appeal’s decision regarding the Rogers-Shaw merger* Matthew Boswell, Commissioner of Competition, issued the following statement about the Federal Court of Appeal’s ruling to dismiss the Competition Bureau’s appeal in the (...)

The German Competition Authority unconditionally clears takeover of an electronic newspaper and magazine platform by a global books and magazine publishing company (Readly / Cafeyn)
German Competition Authority (Bonn)
Germany 432 contributions 109944 visits
The Swedish media group Bonnier News Group AB intends to acquire all shares in Readly International AB based in Stockholm, Sweden. Bonnier agreed with the French Cafeyn Group SAS that Cafeyn will be taking over Readly’s international business after the acquisition. The Bundeskartellamt has (...)

The US FTC increases Hart-Scott-Rodino thresholds and adjusts filing fee structure
Morgan Lewis (New York)
États-Unis 9 contributions 2453 visites
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Morgan Lewis (Washington)
États-Unis 12 contributions 3020 visites
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Morgan Lewis (New York)
États-Unis 3 contributions 988 visites
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The Federal Trade Commission (FTC) announced on January 23 that it will increase the Hart­-Scott-­Rodino Act (HSR Act) jurisdictional filing thresholds, which, along with the new HSR Act filing fee thresholds contemplated by the Merger Filing Fee Modernization Act of 2022, will go into effect 30 (...)

The US FTC announces new HSR notification thresholds and filing fee structure
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 18 contributions 7902 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 13 contributions 3217 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 3 contributions 1080 visites
On January 23, 2023, the Federal Trade Commission (FTC) announced revised notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). If a proposed merger, acquisition of stock, assets or unincorporated interests, or other business combination meets certain (...)

The US FTC announces 2023 update on size of transaction thresholds for premerger notification filings and Interlocking directorates
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37737 visits
FTC Announces 2023 Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates* Commission also announces new HSR merger filing fees January 23, 2023 The Federal Trade Commission has approved revised jurisdictional and filing fee thresholds for (...)

The Australian Competition Authority consults on a proposed court-enforceable divestiture by a supplier of construction chemicals in its acquisition of a rival (Sika / MBCC)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
ACCC consults on Sika’s proposed divestiture undertaking* The ACCC is seeking views on a proposed court-enforceable divestiture undertaking offered by Sika in relation to its proposed acquisition of MBCC Group. Sika and MBCC Group supply construction chemicals and materials including chemical (...)

The German Competition Authority clears the merger between two roof tile manufacturers as unlikely to impede competition (Wienerberger / Terreal)
German Competition Authority (Bonn)
Germany 432 contributions 109941 visits
Merger between roof tile manufacturers: Wienerberger can take over Terreal* The Bundeskartellamt has cleared plans by Wienerberger AG, Vienna, Austria, to acquire all shares in Terreal Holding S.A.S, Suresnes, France. Andreas Mundt, President of the Bundeskartellamt: “As a result of the (...)

The UK Competition Authority unwinds merger between the two largest suppliers of "ready to bake" products to national grocery retailers (Cerelia / Jus-Rol)
Hogan Lovells (London)
United Kingdom 13 contributions 4319 visits
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Hogan Lovells (London)
Royaume-Uni 4 contributions 1724 visites
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Hogan Lovells (London)
Royaume-Uni 19 contributions 11441 visites
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The CMA has concluded that a merger between the two largest suppliers of ready to bake products to UK grocery retailers should be unwound, highlighting the risks of choosing to complete mergers without first receiving CMA clearance. On 20 January 2023, the UK Competition and Markets Authority (...)

The UK Competition Authority unwinds dough deal to protect grocers and shoppers (Cérélia / Jus-Rol)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90396 visits
CMA unwinds dough deal to protect UK grocers and shoppers* Following an in-depth review, the CMA has found Cérélia’s purchase of Jus-Rol could leave UK retailers and shoppers facing higher prices and lower quality products. The CMA has concluded the only way to preserve the degree of competition (...)

The Irish Competition Authority clears acquisition of a pharmaceutical retail chain’s parent company by its rival subject to commitments (Uniphar / LXV Remedies)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC requires binding commitments from Uniphar to acquire Sam McCauley Chemists* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by Uniphar PLC (Uniphar) of sole control of LXV Remedies (...)

The Cypriot Competition Authority launches a full investigation into a merger regarding the transfer of an aircraft business to a joint venture (L.G.S. Handling / Swissport)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7310 visits
PRESS RELEASE: The Commission for the Protection of Competition has decided to launch a full investigation of the merger regarding a transfer of business of L.G.S. Handling Ltd and Swissport Cyprus Ltd to their joint venture S & L Airport Services Ltd* The Commission for the Protection of (...)

The Spanish Competition Authority fines a mobile carrier €1.5 million for executing an acquisition before filing notification with the Competition Authority (Xfera Móviles)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC fines Xfera Móviles, a subsidiary of Másmóvil, 1.5 million euros for executing an acquisition before notifying it.* The company bought Alma Telecom, which had its own geographic numbering to provide fixed call termination services. Companies are required by law to pre-notify their mergers (...)

The Spanish Competition Authority clears the acquisition of a distributor of biomedical products by an assisted reproduction treatments provider subject to commitments (KKR / IVI)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC clears KKR’s acquisition of IVI, subject to commitments* The transaction concerns the healthcare sector for assisted reproductive treatments. KKR has agreed to disinvest in the provinces of Seville, Murcia and Zaragoza in order to maintain competition in these areas. In Madrid, it won’t (...)

The Irish Competition Authority clears the acquisition of certain mortgage (tracker) assets by a bank (AIB / Ulster Bank)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC clears AIB acquisition of Ulster Bank tracker mortgages* The Competition and Consumer Protection Commission (CCPC) has cleared the proposed acquisition of certain mortgage (tracker) assets of Ulster Bank Ireland DAC (Ulster Bank), by Allied Irish Banks p.l.c. (AIB) M/22/044. The certain (...)

The Austrian Competition Authority files request to examine the merger of media companies at the Cartel Court (MediaForEurope / ProSiebenSat.1)
Austrian Competition Authority (Vienna)
Austria 55 contributions 5956 visits
AFCA files request for examination of MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE merger with Cartel Court* The media merger of MFE MEDIAFOREUROPE N.V.; ProSiebenSat.1 Media SE was notified on 13 December 2022. MFE MEDIAFOREUROPE N.V plans to raise its current stake in ProSiebenSat.1 Media SE (...)

The Spanish Competition Authority approves with commitments the purchase of an online wedding platform by its biggest rival (Zankyou / Wedding Planner)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27932 visits
The CNMC approves with commitments the purchase of Zankyou by Wedding Planner* The transaction concerns the provision of online search services related to weddings and the market for digital platforms offering wedding planning services in Spain. Wedding Planner has committed, among other (...)

The French Competition Authority opens an in-depth investigation into a proposed joint venture to provide airport catering services by a State-owned provider of airport services and infrastructure and a private sector provider of catering services (Aéroport de Paris / Select Service Partner)
Autorité de la concurrence (Paris)
France 726 contributions 379095 visites
Airport catering: the Autorité de la concurrence opens an in-depth examination in the context of the proposed creation of a joint venture by the Aéroport de Paris and Select Service Partner groups* Background On 28 October 2022, the Aéroport de Paris and Select Service Partner groups notified (...)

The Cypriot Competition Authority receives notification of a concentration regarding the acquisition of the share capital of a special purpose vehicle by an investment company (Contabo Topco / KKR & Co)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 58 contributions 7310 visits
Notification of a concentration regarding the acquisition of the share capital of Contabo Topco GmbH by KKR & Co. Inc., via Constellation BidCo GmbH* The Service of the Commission for the Protection of Competition announces that is has received a notification in relation with the proposed (...)

The Italian Administrative Supreme Court upholds a veto against an acquisition in the agri-food sector and holds that the Prime Minster has a wide margin of discretion in the application of the national foreign direct investment screening mechanism (Verisem / Syngenta / ChemChina)
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4203 visits
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Van Bael & Bellis (Brussels)
Belgique 3 contributions 361 visites
On 9 January 2023, the Italian highest administrative court (Consiglio di Stato, “COS”), emphatically confirmed that the Italian President of the Council of Ministers (informally also referred to as Prime Minister) enjoys a very wide margin of discretion in the application of the national foreign (...)

The Italian Administrative Supreme Court upholds the Government’s veto of a Chinese multinational’s proposed acquisition of a Dutch seed producer (Verisem / Syngenta / ChemChina)
Portolano Cavallo (Milan)
Italie 3 contributions 244 visites
On January 9, 2023, the Italian Administrative Supreme Court upheld the Italian government’s veto under Italian Foreign Direct Investment (“FDI”) rules of the acquisition of the Dutch agri-food sector company Verisem B.V. and its subsidiaries (including some Italian subsidiaries) by the Swiss (...)

The Maltese Competition Authority announces to the general public that a notification of a concentration between a supplier of wellbeing and health products and supplier of medical equipment has been filed (Prohealth / Triomed)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 12 contributions 670 visites
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 Prohealth Limited (Zebbug) and TrioMed (...)

The Turkish Competition Authority publishes mergers and acquisitions overview report for 2022
ACTECON (Istanbul)
Turquie 1 contribution 68 visites
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ACTECON (Istanbul)
Turquie 17 contributions 2473 visites
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ACTECON (Istanbul)
Turquie 6 contributions 333 visites
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The Turkish Competition Authority (“TCA”) has published its Mergers and Acquisitions Overview Report for 2022 (“Report”) on January 6, 2023. For ease of reading, we will refer to M&As as mergers. The Report offers an overview of the TCA’s work on mergers and provides comparisons with previous (...)

The Maltese Competition Authority announces to the general public that a notification of a concentration between a healthcare products investment company and a pharmaceutical products company has been filed (L1 Health / Emma Healthcare)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 12 contributions 670 visites
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 L1 Health GP (...)

The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE conditionally clears a joint venture of firms in the automotive sector* The companies’ trade agreement will give rise to a new economic player On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)

The Brazilian Competition Authority unconditionally clears a merger between two institutions in the healthcare sector as the merger does not raise competition concerns (Rede D’Or / Sul América)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE clears merger between Rede D’Or and Sul América S.A* The transaction regards two major institutions in the Brazilian healthcare sector In the hearing of 14 December 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) unconditionally cleared, by its majority, the (...)

The Hungarian Parliament recently adopts an amendment to the Hungarian Competition Act, which will enter into force on 1 January 2023
Hogan Lovells (Budapest)
Hongrie 8 contributions 18428 visites
The Hungarian Parliament has recently adopted an amendment to the Hungarian Competition Act, in Act LV of 2022, which will enter into force on 1 January 2023 (the “Amendment”).The changes include increased general turnover thresholds, clarification on notifications under the so called “soft (...)

State Aid

 The EU Commission approves €600M Slovak scheme to support its economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves €600 million Slovak scheme to support its economy in the context of Russia’s war against Ukraine* The European Commission has approved a €600 million Slovak scheme to support its economy in the context of Russia’s war against Ukraine. The scheme was approved under (...)

The EU Commission approves €104M Croatian scheme to support energy-intensive companies
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves €104 million Croatian scheme to support energy-intensive companies* The European Commission has approved, under EU State aid rules, a €104 million Croatian scheme to reduce an electricity consumption levy imposed on energy-intensive companies. The scheme aims at (...)

The EU Commission approves €1.6B Romanian measure to capitalise new investment and development bank
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves €1.6 billion Romania measure to capitalise new investment and development bank* The European Commission has approved, under EU State aid rules, a €1.6 billion Romanian measure to set-up the Romanian Investment and Development Bank (‘the Bank’). The Bank aims at (...)

The EU Commission approves €21M Polish scheme to compensate the tourism sector for damages suffered due to restrictive measures at the Polish-Belarusian border
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves €21 million Polish scheme to compensate tourism sector for damages suffered due to restrictive measures at the Polish-Belarusian border* The European Commission has approved, under EU State aid rules, a €21 million (PLN 100 million) Polish scheme to compensate (...)

The EU Commission approves a Danish scheme worth €1.1B to support the roll-out of carbon capture and storage technologies
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves €1.1 billion Danish scheme to support roll-out of carbon capture and storage technologies* The European Commission has approved, under EU State aid rules, a €1.1 billion Danish scheme to support the roll-out of carbon capture and storage (‘CCS’) technologies. The (...)

The EU Court of Justice clarifies that State aid cannot be established as a result of a judicial decision (DOBELES HES / GM)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94385 visites
The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That (...)

The Polish Competition Authority fines a pig feed producer for increasing prices on farmers to appropriate State aid awarded following an African Swine Fever outbreak (Agri Plus)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19618 visits
Agri Plus - decision of President of UOKiK* Agri Plus - a company from the Animex capital group, one of the biggest organisers of pigs feeding in Poland, was taking away from farmers their compensations awarded by the State for ASF losses. President of UOKiK Tomasz Chróstny has imposed more than (...)

The EU Commission approves €119.3M in French restructuring aid for an airline and €17.5M in compensation for damage suffered as a result of the coronavirus pandemic (Air Austral) Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691841 visits
State aid: Commission approves EUR 119.3 million French restructuring aid for Air Austral and EUR 17.5 million compensation for damage suffered as a result of the coronavirus pandemic* The European Commission, pursuant to the EU rules on State aid, has authorised France’s plan to pay (i) (...)

Procedures

 The Austrian Supreme Cartel Court dismisses an appeal challenging the procedures adopted by the Competition Authority in its investigations and execution of a dawn raid in the wood pellets market
Austrian Competition Authority (Vienna)
Austria 55 contributions 5956 visits
Supreme Cartel Court confirms Cartel Court’s search warrant (26 Kt 6/22k) in connection with AFCA investigations into the wood pellets market* The Austrian Federal Competition Authority (AFCA) carried out dawn raids at several pellet companies and one association in the Austrian provinces of (...)

The Turkish Competition Authority publishes pioneer decisions on simultaneous implementation of leniency and settlement procedures (Beypazarı) (Kınık)
ACTECON (Istanbul)
Turquie 12 contributions 4061 visites
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ACTECON (Istanbul)
Turquie 5 contributions 1705 visites
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ACTECON (Istanbul)
Turquie 2 contributions 453 visites
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Following the introduction of the settlement procedure, the number of undertakings applying for settlement has been increasing consistently. In this respect, the Turkish Competition Authority’s (“TCA”) evaluations regarding the implementation of the settlement procedure have become an object of (...)

The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94385 visites
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That (...)

The EU Court of Justice clarifies the scope of the essential facilities doctrine in a case involving the Lithuanian national railway (Lietuvos geležinkeliai)
White & Case (Brussels)
Belgique 25 contributions 15960 visites
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White & Case (Brussels)
Belgium 18 contributions 9268 visits
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White & Case (Brussels)
Belgium 54 contributions 55949 visits
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On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law (Bronner), the Court confirmed that the Bronner case law did not apply to the (...)

The EU Court of Justice rules that national courts may order the disclosure of evidence in damages proceedings stayed pending a Commission investigation (RegioJet)
King’s College (London)
Belgique 15 contributions 2599 visites
,
KU Leuven (Brussels)
1 contribution 224 visites
On 12 January 2023, the European Court of Justice of the European Union (“ECJ”) delivered a judgment in Case C-57/21, RegioJet, in which it clarified the provisions governing the disclosure of evidence contained in Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for (...)

Regulatory

 The UK Competition Authority tightens scrutiny on ‘green’ claims in the market for fast-moving consumer goods
Bird & Bird (London)
Royaume-Uni 1 contribution 55 visites
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Bird & Bird (London)
Royaume-Uni 1 contribution 55 visites
As litigation based on claims of greenwashing steadily increases, examination of consumer facing businesses and their ESG statements continues to rise. On 26 January, the UK’s Competition and Markets Authority (“CMA”) announced that it was expanding its scrutiny of greenwashing claims into the (...)

The EU Parliament and Council see the entry into force of their new Foreign Subsidies Regulation which protects the distortion of competition within the internal market
Shearman & Sterling (Brussels)
Belgique 20 contributions 9260 visites
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Shearman & Sterling (London)
United Kingdom 21 contributions 13418 visits
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Shearman & Sterling (London)
United States 28 contributions 13440 visits
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The EU Foreign Subsidies Regulation (FSR) entered into force on 12 January 2023. It represents a massive expansion in the European Commission’s power to investigate inward investment to the EU. This new regulation—the first of its kind in the world—attempts to assert control over subsidies granted (...)

The EU Parliament and Council see their Foreign Subsidies Regulation enter into force, imposing new notification requirements for companies from third countries active in the Union
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108749 visites
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Arendt & Medernach (Luxembourg)
Luxembourg 2 contributions 2458 visites
The EU regulation on foreign subsidies distorting the internal market (“FSR”) enters into force on 12 January 2023. it marks an important legislative evolution for companies from third countries engaged in an economic activity within the EU and aims to ensure a level playing field in the EU (...)

The EU Parliament and Council adopt the final text of the Foreign Subsidies Regulation with significant impact on foreign business activities in the Union, including new obligations and expanded penalties
Hogan Lovells (Brussels)
Belgique 1 contribution 185 visites
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Hogan Lovells (Hamburg)
Allemagne 5 contributions 1843 visites
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Hogan Lovells (Brussels)
Belgium 3 contributions 778 visits
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The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12 January 2023, will have a significant impact on foreign business (...)

The EU Parliament and Council passes into force the Foreign Subsidies Regulation designed to prevent the distortion of the internal market
Covington & Burling (Brussels)
Belgique 9 contributions 1708 visites
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Covington & Burling (Brussels)
Belgium 47 contributions 16969 visits
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Covington & Burling (Brussels)
Belgique 32 contributions 12443 visites
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Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (FSR) entered into force on 12 January 2023 and will start to apply as of 12 July 2023. The FSR creates a brand new instrument to fill a regulatory (...)

The UK Parliament sees its Subsidy Control Act come into force, implementing a new subsidy regulation framework designed for the post-Brexit era
Covington & Burling (Brussels)
Belgique 9 contributions 1708 visites
On 4 January 2023, the UK’s new subsidy control regime came into force, implementing a new subsidy regulation framework designed for the post-Brexit era. Underpinned by the Subsidy Control Act 2022 (the “Act”), related statutory instruments and government guidance, the new regime aims to grant (...)

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