June 2020

General antitrust

 The Montenegrin Government adopts antitrust legislation in line with EU law to be a candidate to the Union
Agency for Protection of Competition (Podgorica)
Monténégro 1 contribution 75 visites
Press release: Montenegro has opened the last negotiating chapter 8* On Tuesday, June 30, 2020. Montenegro is opened the last remaining negotiation chapter- 8 Competition in the accession negotiations with the European Union. Now the work on closing the chapter remains. Only three are (...)

The EU Commission undertakes a review of the market definition notice
European Commission - DG COMP (Brussels)
Belgique 13 contributions 10873 visites
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Shearman & Sterling (Brussels)
Belgique 21 contributions 10078 visites
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Shearman & Sterling (London)
United Kingdom 30 contributions 14021 visits
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In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that review closed Friday, October 9th. The Notice is an important document (...)

The EU Commission consults stakeholders on updating the Market Definition Notice
Oxera (London)
Royaume-Uni 2 contributions 177 visites
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Oxera (Oxford)
Royaume-Uni 10 contributions 8554 visites
The European Commission is consulting on updating its 1997 Market Definition Notice, which provides important guidance on identifying relevant markets in competition cases. One hotly debated topic is defining markets for two-sided platforms. We discuss some common misunderstandings on this (...)

The EU Commission opens public consultation on the market definition Notice used in EU competition law and whether an update is required
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Competition: Commission consults stakeholders on the Market Definition Notice* The European Commission has published today a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to (...)

The EU Commission reviews its approach to market definition
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Linklaters (London)
United Kingdom 34 contributions 3085 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2415 visits
On 26 June 2020 the European Commission published a public consultation regarding the revision of the Market Definition Notice used in EU competition law, inviting stakeholders from the public and private sector (including, undertakings and consumer associations, national competition (...)

The EU Commission publishes its 2019 annual activity report
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 25 June 2020, the European Commission’s Directorate-General of Competition (“DG Competition”) published its 2019 Annual Activity Report. In the foreword, Olivier Guersent, Director-General of DG Competition, expresses the view that creating “European Champions” would be a mistake as all (...)

The US DoJ signs historic memorandum of understanding with the Securities and Exchange Commission
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Justice Department’s Antitrust Division And The Securities And Exchange Commission Sign Historic Memorandum Of Understanding* The Department of Justice’s Antitrust Division and the Securities and Exchange Commission have signed an interagency Memorandum of Understanding (“MOU”) to foster (...)

The Hong Kong Competition Authority publishes its policy on recommended pecuniary penalties for anti-competitive conduct
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11325 visits
Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

The EU Commission publishes a white paper proposing anti-subsidy tools received by multinationals in the single market
Norton Rose Fulbright (Brussels)
United States 31 contributions 13936 visits
EU Anti-Subsidy Initiative: Notifications, Investigations – and a No-Deal Brexit Backstop?* Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly. The European (...)

The EU Commission publishes the new free trade agreement between the EU and Vietman which reduces the taxes
Portolano Cavallo (Milan)
Italy 36 contributions 6794 visits
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Portolano Cavallo (Milan)
Italie 10 contributions 814 visites
Starting August 1, 2020, a new trade regime between the European Union and Vietnam has entered into force and as a consequence European exports to Vietnam are now taxed less. The Free Trade Agreement between the European Union and Vietnam (“Trade Agreement” — full text accessible here) is (...)

The OECD holds a roundtable on consumer data rights and competition
OECD - Competition Division (Paris)
France 313 contributions 1366886 visits
Privacy and consumer data rights are gaining more attention across the globe as more and more consumers come to rely on the services offered in the digital economy. Consumer data rights can include fundamental rights to privacy, as well as regulations controlling the manner in which consumers (...)

The French Competition Authority publishes a study on competition and e-commerce
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services (...)

The French Competition Authority publishes a study on e-commerce and competition law
Vaillant Group (Paris)
22 contributions 3344 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2701 visites
E-commerce is an essential distribution channel with specific features to which the competition authorities had to adapt. Reflections on the impact of e-commerce has never been more relevant than today, as the global COVID-19 health crisis has boosted online sales. In this context, the (...)

The UK High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52584 visits
On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach (...)

The EU Commission seeks stakeholders comments to obtain market investigation powers in the form of a “New Competition Tool”
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2415 visits
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Linklaters (London)
United Kingdom 34 contributions 3085 visits
On 2 June 2020, the European Commission announced the launch of a public consultation and published an Inception Impact Assessment on an envisaged “New Competition Tool”, which would effectively amount to the Commission acquiring market investigation powers, akin to the ones already held by (...)

The EU Commission publishes a public consultation on the Digital Services Act covering issues such as online safety, freedom of expression and fairness
University Bocconi - Department of Law (Milan)
Italie 2 contributions 97 visites
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Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italie 3 contributions 299 visites
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On June 2 and 3, 2020, the European Commission launched two public consultations concerning firstly a “Digital Services Act” package and secondly a “New Competition Tool” in order to bring EU legal toolkits in line with the latest economic and technological developments. (...)

The US DoJ revises its guidance on the evaluation of corporate compliance programs including changes to evaluating post-merger compliance programs
Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 187 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 187 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) released revisions to its guidance regarding the (...)

The US DoJ publishes a guidance on evaluation of corporate compliance programs for companies
Portolano Cavallo (Milan)
Italie 4 contributions 993 visites
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Portolano Cavallo (Milan)
Italie 4 contributions 418 visites
Companies operating in multiple countries need compliance programs that take into account varying national requirements. In Italy, for example, the Supreme Court recently established that in addition to Italian companies, foreign companies are required to implement compliance programs (known (...)

Anticompetitive practices

 The US DoJ charges the fifth pharmaceutical company in an ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Fifth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Glenmark Pharmaceuticals Inc., USA was charged for conspiring to fix prices for generic drugs, the Department of Justice announced today. The charge, filed today in the U.S. District Court in Philadelphia, (...)

The Danish Competition Authority finds a digital platform for professional service providers guilty of price fixing for using algorithm to suggest minimum quotes for accounting and bookkeeping services (Ageras)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 129 contributions 35770 visits
Danish Competition Council: Ageras has infringed competition law* This decision concerns the actions of the digital platform Ageras A/S (Ageras). Ageras offers a digital platform - www.ageras.dk – that allows users of professional services such as accounting, bookkeeping and legal services (...)

The EU Commission looks into the issue of collective bargaining for the self-employed
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Linklaters (London)
United Kingdom 34 contributions 3085 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2415 visits
On 30 June 2020, the European Commission announced that it has launched a process to ensure that the EU competition rules do not stand in the way of collective bargaining for the self-employed. Even though collective bargaining with employees falls outside the scope of EU competition rules, (...)

The French Competition Authority publishes the International Competition Network’s paper on big data and cartels analyzing the impact of digitalization in cartel enforcement
French Competition Authority (Paris)
France 739 contributions 394063 visits
The International Competition Network presents a scoping paper on “Big Data and Cartels” analyzing the impact of digitalization in cartel enforcement* What does digitalization change in cartel enforcement? Over the past few years, there has been a wide debate about the new digital (...)

The EU Commission launches a process to address the issue of collective bargaining for the self-employed
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Competition: The European Commission launches a process to address the issue of collective bargaining for the self-employed* The European Commission is launching today a process to ensure that the EU competition rules do not stand in the way of collective bargaining for those who need it. (...)

The Peruvian Competition Authority publishes informational guidelines about anticompetitive agreements among companies in labor markets
Peruvian Competition Authority - INDECOPI (Lima)
Pérou 8 contributions 1926 visites
Indecopi publishes informational guidance on the importance of respecting competition in labor markets* These Guidelines are aimed at companies, employers and human resources professionals and are intended to inform them about the risks of implementing anti-competitive agreements affecting (...)

The French Competition Authority examines commitment proposals relating to agreements concluded between food retailers in the agricultural sector (Casino / Auchan / Metro / Schiever)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Purchasing Offices: The Autorité Examines Commitment Proposals* The Autorité de la concurrence launched several inquiries to examine the joint purchasing agreements in the food retail sector. It has received proposals for commitments relating to the agreements concluded between Casino, (...)

The Indian Competition Authority approves a deal between an online platform and a telecom network provider aiming at providing local grocery stores access to e-commerce services (Facebook / JIO Platforms)
Saikrishna (New Delhi)
Inde 1 contribution 460 visites
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IndusLaw (Delhi)
3 contributions 1526 visites
Background The Indian antitrust watchdog Competition Commission of India (‘CCI’) approved the popular Facebook-JIO deal (‘the deal’) on June 25, 2020. The approval came two months after Facebook announced to invest whopping $5.7 billion in Reliance Industries Limited’s (‘RIL’) subsidiary JIO (...)

The German Competition Authority clears online platform sales model of a brand’s competing brick-and-mortar retailers being allowed to sell on the same platform under the umbrella of the brand (Intersport)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt clears Intersport’s online platform sales model* The Bundeskartellamt has examined Intersport’s online platform sales model and has no objections under competition law. Based on the available information the Bundeskartellamt sees no need for an in-depth examination. (...)

The German Competition Authority approves a sports retail company’s joint distribution platform (Intersport)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92264 visits
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Van Bael & Bellis (Brussels)
Belgium 30 contributions 3974 visits
On 25 June 2020, the German Federal Cartel Office (“FCO”) approved Intersport’s online distribution model through a joint online platform under the Intersport umbrella brand for small retailers. Intersport is the world’s largest association of medium-sized companies in the sports retail (...)

The German Competition Authority approves a sports retailer’s new online platform as it concerns only a small part of the retail market and will therefore hardly affect competition between retailers (Intersport)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2009 visits
Intersport, the world’s largest association of medium-sized retailers of sport products, switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". Although the Federal Cartel Office (“FCO”) found that (...)

The Portuguese Competition Authority issues a statement of objections to food retail groups and a supplier of pre-packaged bread and substitutes and cakes for price fixing (Modelo Continente / Pingo Doce / Auchan / Bimbo Donuts)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28716 visits
AdC issues Statement of Objections to supermarket chains and bread supplier for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued a Statement of Objections (SO) to three large food retail groups and a supplier of pre-packaged bread and substitutes and (...)

The Danish Competition Authority finds the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal (Hugo Boss / Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 129 contributions 35770 visits
The Danish Competition Council has adopted a decision finding the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal* On June 24 2020, the Danish Competition Council (DCC) adopted two separate decisions (...)

The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56454 visits
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Clifford Chance (Brussels)
Belgique 7 contributions 1324 visites
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Van Bael & Bellis (Brussels)
Belgique 1 contribution 375 visites
On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between (...)

The Italian Competition Authority opens an investigation into an alleged anticompetitive agreement obstructing the procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
Italy 68 contributions 18258 visits
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Swedish Competition Authority fines a municipality SEK 1,500,000 for carrying out an illegal direct award of a building contract (Nynäshamn municipality)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
Nynäshamn Municipality carried out an illegal direct award of a building contract* When Nynäshamn Municipality had a property rebuilt into a group residence, this was a building contract that should have been procured in accordance with the Public Procurement Act. The fact that the agreement (...)

The Dutch Competition Authority offers guidance for collaborations between telecom operators in the roll-out of mobile networks
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34909 visits
ACM offers guidance for collaborations between telecom operators in the roll-out of mobile networks* Well-functioning mobile services are crucial for the Netherlands. Data consumption in 2019 increased by more than 30% compared with 2018, and more than tenfold compared with five years ago. (...)

The Czech Competition Authority imposes fines for illegal cartel agreement in the rail freight transport market (AWT / Interfracht / Argo Logistics / Spedica)
Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
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Dentons (Prague)
République tchèque 14 contributions 3241 visites
On 22 June 2020 the Czech Office for the Protection of Competition (Office) published a press release (without publishing the full decision yet) regarding fines imposed for concluding and executing a prohibited cartel agreement regarding train projects Carpathia, Sylvania, and New Carpathia. (...)

The Australian Competition Authority proposes to allow coal producers to collectively negotiate terms and conditions for access to the Port of Newcastle
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Coal producers to be authorised to collectively negotiate with Port of Newcastle* The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and (...)

The Australian Federal Court sees a Norwegian global shipping company plead guilty to criminal cartel conduct (WWO)
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82075 visits
Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92264 visits
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
Royaume-Uni 4 contributions 818 visites
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Hausfeld (London)
Royaume-Uni 6 contributions 1056 visites
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court hands down its judgment on an appeal relating to competition damage claims brought by retailers against two payment platform providers (Sainsbury’s / Visa / Mastercard)
Frontier Economics (London)
United Kingdom 2 contributions 81 visits
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Frontier Economics (London)
United Kingdom 2 contributions 81 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The UK Supreme Court recently handed down its judgment on appeals relating to competition damages claims brought by Sainsbury’s and other retailers against (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12828 visits
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 (...)

The Swedish Competition Authority fines a municipal company SEK 220,000 for illegal direct award of a contract and clarifies that there is no exception for artistic reasons (Örebrokompaniet)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
No exception on artistic reasons when Örebrokompaniet purchased a light show* The exception for artistic performance was not applicable when Örebrokompaniet purchased event services without prior notice. The company is thus guilty of an illegal direct award of contract and the Swedish (...)

The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsbury’s / Visa / Mastercard)
Shearman & Sterling (London)
United Kingdom 2 contributions 393 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 13994 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
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Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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CDC Cartel Damage Claims (Brussels)
Belgique 1 contribution 157 visites
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of facts Sainsbury’s brought an action before the High Court seeking a declaration that the multilateral interchange fees (MIFs) set by Visa for transactions in the UK (the UK MIFs) were, at the relevant times, unlawful as being contrary to Article 101(1) of the TFEU and/or the (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Irish Department of Justice and Equality (Dublin)
Irlande 1 contribution 135 visites
Interchange fees restrict competition: Is the UK Supreme Court giving Article 101(1) TFEU a final glance?* In a long running legal battle, some clarity has finally been provided by the Supreme Court of the United Kingdom in relation to the implications of multi-lateral interchange fees (...)

The Paris Court of Appeal orders a telephone operator to pay €180M in a follow on damages claim arising as a result of exclusivity agreements (Digicel Antilles Françaises Guyane / Orange)
Herbert Smith Freehills (Paris)
France 56 contributions 12553 visits
Brief summary of facts Orange Caraïbe was fined by the FCA for: (i) imposing exclusivity clauses in distribution agreements with its independent distributors, (ii) having an exclusivity agreement with Cetelec, the only authorised repairer of terminals in the Caribbeans; (iii) setting up a (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
Royaume-Uni 28 contributions 16331 visites
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Morgan Lewis (London)
Royaume-Uni 26 contributions 9843 visites
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Davis Polk (London)
Royaume-Uni 1 contribution 450 visites
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8291 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21328 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 679 visits
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On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against (...)

The UK Supreme Court confirms that two payment platform providers’ fees restricted competition (Visa / MasterCard)
Slaughter and May (London)
United Kingdom 2 contributions 744 visits
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Slaughter and May (Brussels)
Belgium 1 contribution 33 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 June 2020, the Supreme Court unanimously upheld an earlier Court of Appeal ruling that Mastercard and Visa’s multilateral interchange fees (MIFs) (...)

The US District Court for the Northern District of California announces a $100,000 fine and sentences a former CEO to 40 months in prison for his role in a tuna price fixing conspiracy involving two competitors (Bumble Bee Foods)
Hogan Lovells (Washington)
États-Unis 3 contributions 687 visites
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Hogan Lovells (Washington)
États-Unis 17 contributions 4392 visites
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Hogan Lovells (Washington)
États-Unis 7 contributions 2398 visites
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On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)

The US District Court for the Northern District of California sentences the former CEO of a canned tuna company to prison for price fixing (Christopher Lischewski / Bumble Bee Foods)
US Department of Justice (Washington)
États-Unis 175 contributions 74080 visites
Former Bumble Bee CEO Sentenced To Prison For Fixing Prices Of Canned Tuna* Christopher Lischewski, former Chief Executive Officer and President of Bumble Bee Foods LLC, was sentenced to serve 40 months in jail and pay a $100,000 criminal fine for his leadership role in a three-year (...)

The Peruvian Supreme Court confirms the Competition Authority’s sanctions imposed on a medical oxygen cartel for bid-rigging by a national health insurer’s public tenders (Messer Gases / Linde Gas / Praxair)
Peruvian Competition Authority - INDECOPI (Lima)
Pérou 8 contributions 1926 visites
The Supreme Court of Justice confirmed the sanction imposed by Indecopi to the Medical Oxygen Cartel* The Permanent Constitutional and Social Law Chamber of the Supreme Court has declared unfounded the cassation appeals filed by the companies Messer Gases del Perú S.A., Linde Gas Perú S.A. (...)

The Romanian Competition Authority recommends that retailers affected by COVID-19 can negotiate their rental agreements as a group through intermediaries to avoid breaking competition law in the process
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Competition Council Makes Recommendations in the Context of Reopening the Shopping Centres* The Competition Council recommends those companies that have rented commercial spaces in shopping centres to independently negotiate their contractual conditions with the owners/administrators of (...)

The EU Court of Justice receives a request for a preliminary ruling from the Léon Court of Appeal on the temporal application of the Damages Directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2555 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 264 visits
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

The UK Competition Authority accepts disqualification of two estate agent directors for their roles in a price fixing cartel (Stephen Jones / Neil Mackenzie)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Estate agent directors disqualified for roles in illegal cartel* Stephen Jones and Neil Mackenzie were directors at estate agents Richard Worth and Michael Hardy, respectively, from September 2008 to May 2015. During this time, their firms took part in a cartel with 2 other local estate (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages actions (Volvo / Trucks)
Ecija & Asociados (Madrid)
Spain 20 contributions 2151 visits
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Bird & Bird (Madrid)
Spain 29 contributions 4655 visits
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The UK Competition Authority updates its investigation of roofing cartel with new provisional findings and secures admission of guilt by the country’s two largest suppliers of rolled lead (Associated Lead Mills / BLM British Lead)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Two UK roofing lead firms admit to illegal cartel* Two of the UK’s largest suppliers of rolled lead have admitted to taking part in anti-competitive arrangements and could face fines of more than £11 million. Rolled lead is an important product for the construction industry, used mainly (...)

The Swedish Competition Authority requires municipal companies to comply with the Swedish Transparency Act (Stockholm Avfall / Stockholm Vatten)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
Municipal companies are required to comply with the Swedish Transparency Act* Stockholm Avfall AB and Stockholm Vatten AB, two municipal companies, will, as of fiscal year 2020, maintain so-called transparent and separate accounts in accordance with the Swedish Transparency Act. This is the (...)

The Mexican Competition Authority accepts commitments from the association of public brokers to correct possible anticompetitive conducts
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE accepts commitments from the Association of Public Brokers to correct possible anticompetitive conducts* Relative monopolistic practices allegedly consisting in discriminatory treatment or establishing advantages in favour of certain agents were investigated in the market for the (...)

The Australian Competition Authority proposes to allow insurance companies and brokers to continue cooperation on COVID-19 temporary relief measures for certain small businesses
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82075 visites
Insurers to be authorised to continue relief measures for small businesses* The ACCC is proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses. The authorisation will apply to (...)

The Cypriot Competition Authority initiates proceedings against national pharmaceutical association for prima facie infringements of national and EU competition laws regarding fixing of prices and other trade conditions (Cyprus Pharmaceutical Association)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Chypre 64 contributions 8429 visites
The Commission for the Protection of Competition announces the notification of a Statement of Objections to the Cyprus Pharmaceutical Association regarding prima facie infringements of Section 3(1)(a) of the Protection of Competition Laws of 2008 and 2014 and Article 101(1) of the Treaty for (...)

The OECD holds a roundtable on the criminalisation of cartels and bid-rigging conspiracies
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across (...)

The New Zealand Competition Authority fines a pharmacy $344,000 and its director $50,000 for price fixing (Prices Pharmacy 2011 / Stuart Hebberd)
New Zealand Commerce Commission (Wellington)
New Zealand 169 contributions 23565 visits
Nelson pharmacy fined $344,000 and director $50,000 for price-fixing* The Wellington High Court has ordered Prices Pharmacy 2011 Limited and a director of the company, Stuart Hebberd, to pay fines of $344,000 and $50,000 respectively, after they admitted engaging in price-fixing in breach of (...)

The US District Court for the Northern District of Illinois dismisses antitrust case challenging patent thicket (Humira)
Rutgers University (New Brunswick)
United States 26 contributions 24777 visits
On June 8, 2020, the U.S. District Court for the Northern District of Illinois granted defendants’ motion to dismiss an antitrust case challenging behavior arising out of a massive collection of patents known as a “patent thicket.” In re Humira (Adalimumab) Antitrust Litigation, 2020 WL (...)

The Brazilian Competition Authority authorises competitor collaboration to assist the recovery of small retailers of beverages, food and personal and domestic care products against the economic effects of COVID-19 (Movimento Nós)
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3481 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3481 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3315 visits
In an Extraordinary Judgment Session held on May 28th, the Tribunal of the Brazilian Antitrust Authority (Cade) ratified a decision of its General Superintendence and authorized a collaboration among a group of companies (including competitors) - Ambev, BRF, Coca-Cola, Mondelez, Nestlé and (...)

The Irish Competition Authority concludes an examination of the beef industry following complaints without going into a full investigation due to the lack of evidence proving complainants’ claims
Irish Competition Authority (Dublin)
Ireland 101 contributions 16004 visits
CCPC Concludes Examination of Beef Industry Complaints* The Competition and Consumer Protection Commission (CCPC) has today written to over 200 individuals, including the Independent Farmers of Ireland, the Beef Plan Movement, and the Irish Farmers Association, regarding the outcome of an (...)

The Indian Competition Authority refrains from imposing fines on four industrial and automotive bearings manufacturers for being part of a cartel (ABC Bearings / National Engineering Industries / Schaeffler / SKF / Tata Steel)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8376 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
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Key Points The existence of an agreement between four industrial and automotive bearings manufacturers was established in relation to price revision as well as minimum percentage of price increase to be quoted to automotive and industrial Original Equipment Manufacturer (“OEM”) customers. (...)

The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, and personal and domestic care products to small and medium retailers (Movimento Nós)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brésil 63 contributions 18103 visites
Cade authorizes collaboration among Ambev, BRF, Coca-Cola, Mondelez, Nestlé and Pepsico due to the new coronavirus crisis* Exceptional measure aims to minimize the effects of the crisis due to the Covid-19 pandemic The Administrative Council for Economic Defense (Cade) recently decided to (...)

The Indian Competition Authority finds four automotive and industrial bearing companies liable for price-fixing and issues a cease and desist against collusive behaviour (Schaeffler / SKF / NEI / Tata)
Trilegal (Mumbai)
Inde 3 contributions 3600 visites
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Trilegal (Mumbai)
India 8 contributions 6366 visits
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Karkinos Healthcare (Mumbai)
8 contributions 6366 visits
The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)

The Indian Competition Authority issues for the first time in a cartelization case a cease and desist order with no penalty against 4 industrial and automotive bearings manufacturers (Schaeffler / SKF / NEI / Tata)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
Two of the final orders recently pronounced by the CCI finding parties in violation of the cartel and bid-rigging provisions of the Competition Act, 2002 (“Act”) have come as a surprise to many. While the CCI found clinching evidence regarding the existence of an agreement to cartelize and rig (...)

The EU Court of Justice Advocate General Kokott proposes to uphold the fine of almost €94 million imposed on a pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram (Lundbeck)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102217 visits
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

The UK Competition Authority secures binding competition disqualification of pharmaceutical company director involved in two separate anticompetitive arrangements relating to the supply of drugs over a five year period (Amit Patel / Auden McKenzie / Amilco)
Bird & Bird (London)
Royaume-Uni 28 contributions 3392 visites
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London Legends FC
4 contributions 637 visites
On 4 June 2020, the Competition Markets Authority (“CMA”) announced that it had secured binding competition disqualification undertakings by Mr Amit Patel, not to act as a director of any UK company for five years from 13 July 2020, in consequence of his involvement in two separate (...)

The Paris Court of Appeal upholds the dismissal of a French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Hyundai)
Van Bael & Bellis (Brussels)
Belgique 34 contributions 7580 visites
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Van Bael & Bellis (Brussels)
Belgium 173 contributions 56454 visits
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Clifford Chance (Brussels)
Belgique 7 contributions 1324 visites
On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor (...)

The UK Competition Authority secures disqualification of pharmaceutical company director for 5 years for breaching competition law (Amit Patel / Auden McKenzie / Amilco)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95204 visits
Pharma company director disqualified for competition law breaches* The CMA has secured the disqualification of pharmaceutical company director Amit Patel after he admitted his role in arrangements that broke competition law. Amit Patel has signed undertakings that ban him from holding a (...)

The Japanese Competition Authority approves commitment plan submitted by an international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23777 visites
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on (...)

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid-rigging in public procurement (PST / Irdaiva / Active Construction Management)
Lithuanian Competition Authority (Vilnius)
Lituanie 104 contributions 20078 visites
Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

The US DoJ files first charges in an ongoing investigation into price fixing by major broiler chicken producers (Jayson Jeffrey Penn / Mikell Reeve Fries / Scott James Brady / Roger Born Austin)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Senior Executives at Major Chicken Producers Indicted on Antitrust Charges* First Charges Filed in Ongoing Investigation into Fixing Prices of Broiler Chickens A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role (...)

The Indian National Company Law Appellate Tribunal admits compensation application filed against two agrochemicals companies for bid-rigging (Food Corporation of India / Excel Corp Care / Sandhya Organic Chemicals)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8376 visits
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
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Key Points Limitation period for filing an application for compensation under Section 53N(1) of the Competition Act starts only after the CCI order attains finality upon determination of the final round of appeal, whether it be before the appellate tribunal or the Supreme Court. Brief (...)

The Swedish Competition Authority fines a municipality-owned power company SEK 225,000 for illegal direct award of a contract and rejects its reason of "extreme urgency"(Skellefteå Kraft Elnät)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9921 visits
Skellefteå Kraft was not allowed to give a direct award of contract due to extreme urgency* Skellefteå Kraft Elnät AB was in breach of procurement rules when it purchased materials for Vitberget, Bergsbyn, and Rönnskär without prior advertisement. The Swedish Competition Authority believes (...)

The Spanish Competition Authority receives over 500 complaints and inquiries in the mailbox set up specifically for individuals and companies during the COVID-19 pandemic
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30022 visits
The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis* The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis The financial sector (45%) and the health products and food sector (30%) (...)

The Mexican Competition Authority opens a public consultation on draft modifications to the guidelines for the exchange of information between economic agents
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
Public Consultation on the Draft Modifications to the Guidelines for the Exchange of Information Between Economic Agents* Pursuant to articles 28, paragraphs 14th and 20th, section VI, of the Political Constitution of the United Mexican States; articles 12, section XXII, last paragraph, (...)

The Italian Competition Authority approves a joint purchasing agreement of surgical masks via pharmacies and drugstores pursuant to its temporary rules on cooperation between companies during the COVID-19 pandemic
Ashurst (Milan)
Italy 102 contributions 29500 visits
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Ashurst (Brussels)
Belgium 45 contributions 45856 visits
On 1 June 2020, the Italian Competition Authority ("ICA") approved a joint purchasing agreement of surgical masks via pharmacies/drugstores and a moratorium scheme on loan repayments agreed within ASSOFIN (the Italian Association of Consumer Credit and Mortgage Lending) pursuant to its (...)

The Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and a common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to the COVID-19 pandemic
Italian Competition Authority (Rome)
Italie 68 contributions 18258 visites
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The Latvian Competition Authority develops a self-assessment tool for entrepreneurs for mitigation of cartel risks
Latvian Competition Council (Riga)
Latvia 122 contributions 23745 visits
The CC develops a self-assessment tool for entrepreneurs for mitigation of cartel risks* The Competition Council of Latvia (the CC) has prepared a self-assessment tool for entrepreneurs, so that they could verify in an easy manner, whether they have not engaged in a prohibited agreement with (...)

The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic
Van Bael & Bellis (Brussels)
Belgium 56 contributions 24583 visits
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52583 visites
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25374 visites
On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the (...)

Unilateral Practices

 The EFTA Surveillance Authority fines a telecom EUR 111 million for abuse of dominance in the Norwegian market for residential mobile broadband services on tablets and laptops (Telenor)
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27929 visites
ESA fines Telenor EUR 112 million for anticompetitive practices* Following an in-depth investigation, the EFTA Surveillance Authority (ESA) concludes that Telenor abused its market dominance by a pricing strategy that resulted in rivals making a loss when selling residential mobile broadband (...)

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 129 contributions 35770 visites
FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on (...)

The UK Competition Authority fines a musical instrument firm for resale price maintenance (Roland / Korg)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Musical instrument firms to pay millions after breaking competition law* The CMA has fined 2 musical instrument makers a total of £5.5 million, in 2 separate cases, for breaking competition law by restricting online discounting of musical instruments. The fines on the companies, Roland (...)

The UK Competition Authority fines two musical instrument manufacturers £5.5 million for resale price maintenance (Roland / Korg)
Government Legal Department (London)
United Kingdom 18 contributions 2454 visits
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Van Bael & Bellis (Brussels)
Belgique 173 contributions 56454 visites
On 29 June 2020, the UK’s Competition and Markets Authority (“CMA”) issued decisions fining two musical instrument manufacturers, Roland and Korg, a combined total of £ 5.5 million for individually infringing the Chapter 1 prohibition of the Competition Act and/or Article 101 Treaty on the (...)

The Dutch Competition Authority extends its investigation into abuse of dominance by a manufacturer of orphan drug CDCA (Leadiant)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position (...)

The German Federal Court of Justice overturns the Dusseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
German Engineering Federation (VDMA)(Frankfurt)
Allemagne 1 contribution 699 visites
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Cleary Gottlieb Steen & Hamilton (Cologne)
Allemagne 1 contribution 699 visites
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Cleary Gottlieb Steen & Hamilton (Cologne)
Allemagne 5 contributions 2428 visites
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On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the (...)

The German Federal Court of Justice confirms abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2514 visites
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Bird & Bird (Dusseldorf)
Allemagne 12 contributions 2009 visites
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Municipality of Cagliari
166 contributions 132861 visits
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the (...)

The German Federal Court of Justice provisionally confirms an allegation against a social media company for abusing its dominant position (Facebook)
German Competition Authority (Bonn)
Allemagne 447 contributions 113532 visites
Federal Court of Justice provisionally confirms allegation of Facebook abusing dominant position* Facebook uses terms of service that also allow for the processing and use of user data that are collected online outside the Facebook platform. The Bundeskartellamt prohibited Facebook from (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had (...)

The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak
Morgan Lewis (London)
Royaume-Uni 5 contributions 1112 visites
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Morgan Lewis (London)
Royaume-Uni 28 contributions 16331 visites
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Morgan Lewis (London)
Royaume-Uni 26 contributions 9843 visites
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The Indian Competition Authority dismisses abuse of dominance claims against an online food ordering platform due to proof that the platform actually tried to resolve price disparities between itself and physical locations of its partners whenever it received a complaint (Swiggy)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
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Samvad Partners (Mumbai)
76 contributions 7121 visites
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KEY POINTS Swiggy does not select or modify the rates charged by its partner restaurants and therefore, any discrepancy in the rates is solely attributable to the partner restaurants. BRIEF FACTS An Information was filed under Section 19(1)(a) of the Act, alleging that the popular (...)

The Lithuanian Competition Authority fines retailer for unfair commercial practices to food and drink suppliers (Palink)
Lithuanian Competition Authority (Vilnius)
Lituanie 104 contributions 20078 visites
Retailer Palink Receives Fine for Unfair Commercial Practices to Food and Drink Suppliers* The Lithuanian competition authority Konkurencijos taryba found that UAB Palink, one of the major retail companies in Lithuania, infringed the Law on the Prohibition of Unfair Practices of Retailers (...)

The Australian Competition Authority proposes not to allow a camping industry association’s loyalty program due to its conditions amounting to exclusive dealing (Caravanning Queensland)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82062 visites
Caravanning Queensland’s proposed ‘loyalty program’ raises competition concerns* The ACCC proposes not to allow plans by Caravan Trade and Industries Association of Queensland (Caravanning Queensland) to offer a ‘loyalty program’ to its members. Under the program, Caravanning Queensland (...)

The EU Commission opens investigations into tech company’s mobile app store rules for developers (Apple App Store)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission opens investigations into Apple’s App Store rules* The European Commission has opened formal antitrust investigations to assess whether Apple’s rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations (...)

The EU Commission opens an investigation into a Big Tech company’s mobile payment and digital wallet service (Apple Pay)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission opens investigation into Apple practices regarding Apple Pay* The European Commission has opened a formal antitrust investigation to assess whether Apple’s conduct in connection with Apple Pay violates EU competition rules. The investigation concerns Apple’s terms, (...)

The Cypriot Competition Authority carries out an extensive analysis and finds no abuse of dominance in the national marketing and wholesale distribution market for eyewear and sunglasses (E.C. Kyrillou Eyecare / D.S. Demetriou Enterprises)
Elias Neocleous (Limassol)
Chypre 12 contributions 1627 visites
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Elias Neocleous (Limassol)
Chypre 1 contribution 130 visites
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Elias Neocleous (Limassol)
Chypre 1 contribution 130 visites
Introduction On 16 of June 2020, the Cyprus Commission for the Protection of Competition (the “Commission”) delivered a decision concerning a complaint filed by E.C. Kyrillou Eyecare Ltd against and D.S. Demetriou Enterprises Limited, in relation to an alleged infringement of Article 3 and (...)

The Japanese FTC issues a cease and desist order against airplane fuel provider for requesting its customers not to be refuelled by its competitor (Mainami Aviation Services)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23777 visites
The JFTC Issued a Cease and Desist Order against Mainami Aviation Services Co., Ltd* Today, the Japan Fair Trade Commission (JFTC) issued a cease and desist order against Mainami Aviation Services Co., Ltd (Hereinafter “Mainami Aviation Services”). In this case, Mainami Aviation Services (...)

The Australian Competition Authority rejects a company’s proposal to set minimum resale prices for power tools, accessories, and attachments (Stanley Black & Decker)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82062 visites
Proposal to set minimum advertised prices for Dewalt power tools rejected* The ACCC has issued a final notice rejecting a proposal by Stanley Black & Decker to set a minimum advertised price for Dewalt brand power tools, accessories and attachments. The ACCC has assessed Stanley Black (...)

The German Federal Court of Justice rejects an appeal against the prohibition of exclusivity clauses in online sales of event tickets (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3974 visits
In December 2017, the German Federal Cartel Office (“FCO”) prohibited ticketing services provider CTS Eventim from using exclusivity agreements with event organisers and ticket offices. CTS Eventim had to amend its contractual clauses and allow trading partners to sell at least 20% of their (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused its dominance by delaying bidding for the next concession (Italgas)
Italian Competition Authority (Rome)
Italie 68 contributions 18258 visites
ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension (...)

The Beijing Intellectual Property Court rules that a national audio-video copyright association did not abuse its dominant position (KTV / CAVCA)
King & Wood Mallesons (Beijing)
France 19 contributions 4638 visits
Antitrust litigations concerning intellectual property rights increased in 2020. Among notable cases, the case of eight KTV v. China Audio Video Copyright Association (“CAVCA”) for its abuse of dominance attracted particular attention. Background In this case, the plaintiffs of eight KTV (...)

The Japanese FTC closes investigation into exclusionary conduct by gas company due to lack of evidence (Osaka Gas)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23777 visites
Closing the investigation on the suspected violation of the Antimonopoly Act by Osaka Gas Co., Ltd.* The Japan Fair Trade Commission (hereinafter “JFTC”) has investigated Osaka Gas Co., Ltd. (hereinafter “Osaka Gas”), in accordance with the provisions of the Antimonopoly Act. Osaka Gas has (...)

The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard-essential patent holder (Philips)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turquie 20 contributions 4464 visites
Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)

Mergers

 The US DoJ and FTC issue updated vertical merger guidelines
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 2 contributions 481 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6663 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8462 visits
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Following their January publication of Draft Vertical Merger Guidelines (draft guidelines) for public comment, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the agencies) issued final Vertical Merger Guidelines (Guidelines) on June 30, 2020. This marks (...)

The US FTC and DoJ issue new antitrust guidelines for evaluating vertical mergers
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40020 visites
FTC and DOJ Issue Antitrust Guidelines for Evaluating Vertical Mergers* New Vertical Merger Guidelines provide transparency on analytical techniques, practices, and enforcement policies The Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ” or “Department”) issued today (...)

The US DoJ and FTC release their Vertical Merger Guidelines
Axinn Veltrop & Harkrider (New York)
Royaume-Uni 14 contributions 21004 visites
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University of International Business and Economics (UIBE) - (Beijing)
États-Unis 9 contributions 7367 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 30, 2020, the DOJ and FTC released their Vertical Merger Guidelines (VMGs). We expect a VMGs Commentary to follow in the next few weeks or so. (...)

The French Competition Authority clears the merger of two agricultural cooperatives (Coopérative Dauphinoise / Terre d’Alliances)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
The Autorité de la concurrence clears, subject to several conditions, the merger of two agricultural cooperatives, Coopérative Dauphinoise and Terre d’Alliances* Background Agricultural cooperatives Coopérative Dauphinoise and Terre d’Alliances notified the Autorité de la concurrence of (...)

The US FTC and DoJ release Vertical Merger Guidelines, introducing the concepts of "diagonal mergers" and "mergers of complements" into the national antitrust lexicon
Dechert (Washington)
États-Unis 15 contributions 2496 visites
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Dechert (Washington)
États-Unis 5 contributions 880 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 30, the U.S. Department of Justice and the Federal Trade Commission released final vertical merger guidelines that, for the first time, introduce the (...)

The US DoJ and FTC release the updated version of the vertical merger guidelines
Shearman & Sterling (Washington)
États-Unis 23 contributions 12762 visites
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Shearman & Sterling (Washington)
États-Unis 18 contributions 5022 visites
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Shearman & Sterling (New York)
États-Unis 22 contributions 8338 visites
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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) released the final version of the Vertical Merger Guidelines (“Vertical Guidelines”) on June 30, 2020. The new Vertical Guidelines, which had not been updated in more than 35 years, outline (...)

The US DoJ and FTC issue an updated version of the Vertical Merger Guidelines
Vinson & Elkins (Washington)
États-Unis 2 contributions 57 visites
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Google (Washington)
États-Unis 1 contribution 30 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. To a torrent of both praise and criticism, the Department of Justice and Federal Trade Commission released updated Vertical Merger Guidelines on June 30, 2020. (...)

The UK Competition Authority concludes that the merger of two suppliers of medical devices will lead to a reduction of competition (Stryker / Wright Medical Group)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Medical device suppliers’ merger raises competition concerns* The CMA has concluded that the merger of 2 suppliers of medical devices could lead to a reduction of competition in the supply of total ankle replacement prosthetics. The Competition and Markets Authority (CMA) is concerned (...)

The US DoJ and FTC publish an updated version of the vertical merger guidelines
Hogan Lovells (Washington)
États-Unis 17 contributions 4392 visites
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Hogan Lovells (Washington)
États-Unis 17 contributions 6974 visites
On 30 June 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies, collectively) announced the publication of new vertical merger guidelines (the new vertical guidelines or the 2020 Vertical Merger Guidelines). The new vertical guidelines describe how the (...)

The US FTC and DoJ publish final revised vertical merger guidelines
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 7 contributions 9236 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
Belgique 8 contributions 3412 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2177 visits
…
On June 30, 2020, the US Department of Justice and Federal Trade Commission (the “Agencies”) published final Vertical Merger Guidelines. Draft Guidelines were previously released for public comment on January 10. The Guidelines largely reflect the Agencies’ current approach and do not appear (...)

The Mexican Competition Authority sanctions pharmaceutical companies for failing to comply with the commitments to restore competition in the pharma market (Moench Coöperatif / Luis Doporto Alejandre)
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE sanctions Moench Coöperatif and Luis Doporto for failing to comply with the commitments made to totally and permanently eliminate any possible link between Nadro and Marzam, in the market for the distribution of pharmaceutical products* The commitments were accepted by the Board of (...)

The US DoJ and FTC issue a revised version of the vertical merger guidelines
Dechert (Washington)
États-Unis 15 contributions 2496 visites
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Dechert (Washington)
États-Unis 3 contributions 1504 visites
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Dechert (Washington)
États-Unis 5 contributions 880 visites
5 Key Takeaways 1. The guidelines explain and clarify current agency practices and do not signify a policy shift at the agencies. 2. The guidelines recognize that vertical mergers often generate consumer benefits, creating a promising path for companies to secure antitrust clearance. 3. (...)

The Hungarian Competition Authority facilitates investments in start-ups after authorizing non-compete clauses in the sale contract (CodeCool)
ADVANT Beiten (Brussels)
Belgique 12 contributions 22023 visites
On 29 June 2020, the Hungarian Competition Authority (“GVH”) published a decision in which it accepted undertakings from a group of companies and private individuals that amended non-compete clauses in the context of an acquisition of a controlling stake in CodeCool, a Hungarian start-up (...)

The Mexican Competition Authority conditions the merger between a private investment fund in the health sector and a manufacturer of pipes on removing non-competition clauses from the merger agreement (PTM / Profluent Plastic Technologies)
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE conditions concentration between Profluent Plastic Technologies and Plastic Technology de México* In the originally planned transaction, the parties established a non-competition clause which included terms that could potentially affect the process of competition and free market (...)

The EU Commission refers the acquisition of a French distribution business to the French Competition Authority (Conforama / But)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
The European Commission just referred the acquisition of Conforama France by Mobilux (But) to the Autorité de la concurrence* Following the announcement of Conforama’s plan to restructure and transform its business in France in July 2019, Mobilux plans to acquire Conforama. In France, (...)

The UK Competition Authority finds concerns in a digital advertising merger between two companies supplying content recommendation services to major news sites (Taboola / Outbrain)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Competition concerns found in digital advertising merger* Taboola’s purchase of Outbrain raises competition concerns in the supply of content recommendation, a type of digital advertising. The Competition and Markets Authority (CMA) has been investigating the anticipated purchase of (...)

The US FTC requests two casino operators to divest assets in two local markets as a condition of their merger (Eldorado Resorts / Caesars Entertainment)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40020 visites
FTC Requires Casino Operators Eldorado Resorts, Inc. and Caesars Entertainment Corporation to Divest Assets in Two Local Markets as a Condition of Merger* The Federal Trade Commission will require casino operator Eldorado Resorts, Inc. to divest casino-related assets in the South Lake Tahoe (...)

The Danish Competition Authority approves an energy and fibre optic group’s acquisition of several companies from another energy group, subject to divestment of customers (SEAS-NVE / Ørsted)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 129 contributions 35770 visites
The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

The UK Competition Authority revises its original findings of failing firm defence due to COVID-19 after the firm’s improved performance and instead provisionally clears the acquisition of 16% of the firm’s stock based on SLC test findings (Amazon / Deliveroo)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
CMA revises provisional findings in Amazon/Deliveroo case* The CMA has provisionally cleared Amazon’s 16% investment in Deliveroo, on the basis that it is not likely to result in a substantial lessening of competition. In its initial provisional findings, published in April, the (...)

The US FTC clears transfer of ownership over certain assets between energy companies subject to divestments (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40020 visites
FTC Requires Divestitures as Condition of Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Tri Star Energy, LLC and Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth (...)

The UK Government introduces measures allowing it to intervene in merger transactions to mitigate the effects of public health emergencies following the COVID-19 pandemic
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 8 contributions 3074 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 13 contributions 3327 visites
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Université Catholique de Lille
Belgium 15 contributions 16387 visits
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On 22 June 2020, the UK Government introduced new measures allowing it to intervene in merger transactions “to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies." The Government will be able to intervene on these grounds in any (...)

The EU Commission opens in-depth investigation into proposed acquisition of a major financial data provider by one of the world’s largest stock exchange groups (Refinitiv / London Stock Exchange Group)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Refinitiv by London Stock Exchange Group* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Refinitiv by the London Stock Exchange Group (“LSEG”) under the EU Merger (...)

The UK Competition Authority finds competition concerns in Phase I investigation of educational supplies merger (Yorkshire Purchasing Organisation / Findel Education)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Competition concerns raised over educational supplies merger* The CMA has found that YPO’s anticipated acquisition of Findel raises competition concerns in the supply of resources to educational institutions in the UK. Yorkshire Purchasing Organisation (YPO) and Findel Education Limited (...)

The Australian Competition Authority releases its statement of issues by expressing preliminary concerns over a proposed acquisition that would entrench an online platform’s dominant position in the supply of data-dependent health services and ad tech services (Fitbit / Google)
Bird & Bird (Sydney)
Australia 21 contributions 2401 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3369 visits
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues in relation to Google LLC’s proposed acquisition of Fitbit, expressing its concerns that the acquisition may further entrench Google’s dominant position in the supply of data-dependent (...)

The Australian Competition Authority releases a statement of issues and opens an investigation into a Big Tech company’s acquisition of a wearable tech manufacturer (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82062 visites
Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and (...)

The French Competition Authority clears merger in the consumer credit market (Crédit Agricole Consumer Finance / Ménafinance)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
The Autorité de la concurrence clears the acquisition of Ménafinance by Crédit Agricole Group* Crédit Agricole Consumer Finance (CACF) notified the Autorité de la concurrence of its proposed acquisition of sole control of Ménafinance. After examining the effects of the transaction, the (...)

The EU Commission opens an in-depth investigation into the proposed merger of two global automotive companies (Fiat Chrysler / Peugeot)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission opens in-depth investigation into the proposed merger of PSA and FCA* The European Commission has opened an in-depth investigation to assess the proposed merger of automotive companies Fiat Chrysler Automobiles N.V. (“FCA”) and Peugeot S.A. (“PSA”) under the EU Merger (...)

The EU Commission proposes a merger control legislation for the acquisition of foreign-subsidized companies
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26042 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 68 contributions 31653 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 12967 visites
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The European Commission’s (EC) June 2020 white paper proposing wide-ranging controls over foreign-subsidized companies’ access to Europe’s internal market has received fresh impetus. In a report issued earlier this month, the European Union’s (EU) audit body faulted the EC for a hitherto (...)

The Lithuanian Competition Authority clears joint acquisition of raw materials and recycled plastic company by private equity investment fund and by the European Bank for Reconstruction and Development (Eco Baltia / INVL Baltic Sea Growth Fund / European Bank for Reconstruction and Development)
Lithuanian Competition Authority (Vilnius)
Lituanie 104 contributions 20078 visites
Konkurencijos Taryba Clears Acquisition of Latvian Company Eco Baltia* Konkurencijos taryba cleared the acquisition of 52.81 per cent of the Latvian company Eco Baltia indirectly through BSGF Salvus, and acquisition of joint control of Eco Baltia by the investment fund INVL Baltic Sea Growth (...)

The New Zealand Competition Authority clears merger between 2 suppliers of electronic payment terminals (Verifone / Smartpay)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 169 contributions 23564 visites
Commission grants clearance for Verifone to acquire Smartpay* The Commerce Commission has granted clearance to Verifone New Zealand (Verifone) to acquire the assets used by Smartpay Holdings Limited and its subsidiaries to operate the Smartpay business in New Zealand (Smartpay) (the proposed (...)

The US FTC approves final order settling charges of anticompetitive agreement entered into by a law enforcement equipment manufacturer with the seller of body-worn camera systems (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40020 visites
FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that (...)

The Rotterdam District Court annuls a ministerial merger licence for the acquisition of rival post operators granted on general interest grounds outweighing the expected restrictive effects on competition (Sandd / PostNL)
KPN (Amsterdam)
Netherlands 33 contributions 7183 visits
On 11 June 2020, the District Court of Rotterdam (‘District Court’) annulled the decision of the Minister of Economic Affairs & Climate (‘Minister’) to grant a licence for the acquisition of rival post operator Sandd by PostNL. This was the first time since the introduction of the Dutch (...)

The UK Competition Authority finds that a merger in the online secondary ticketing market raises competition concerns even after accounting for the COVID-19 difficulties (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Merger of viagogo and StubHub raises competition concerns* viagogo’s purchase of StubHub raises competition concerns in the online secondary ticketing market in the UK, a CMA investigation has found. The Competition and Markets Authority (CMA) is concerned that the loss of competition (...)

The Rotterdam District Court annuls the authorisation of the acquisition of postal services providers on the basis that it would result in a monopoly on the Dutch postal delivery market (Sandd / PostNL)
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visits
On 11 June 2020, the Rotterdam District Court (the “Court”) annulled the authorisation of the acquisition of postal services provider Sandd by rival PostNL. The transaction had been authorised by the State Secretary for Economic Affairs and Climate Policy (the “State Secretary”) after (...)

The OECD holds a roundtable on start-ups, killer acquisitions and merger control
OECD - Competition Division (Paris)
France 313 contributions 1366831 visites
Questions over the competitive effects of the acquisition of start-ups or ‘nascent’ firms, by dominant incumbents have become a key part of the debate on how the effective merger control regimes have been in protecting competition during a period of increasing profits. One of the most (...)

The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergers
Van Bael & Bellis (Brussels)
Belgique 38 contributions 9360 visites
From 10-12 June 2020, the OECD held its 133rd Meeting of the Competition Committee. This session was devoted to assessing the sufficiency of current merger control frameworks to investigate and – where needed – prohibit mergers that eliminate nascent competition that would other- wise (...)

The OECD holds a roundtable on conglomerate effects of mergers
OECD - Competition Division (Paris)
France 313 contributions 1366831 visites
Conglomerate effects arise when a merger has an effect on competition, but the merging firms’ products are not in the same product market, nor are they inputs or outputs of one another. Mergers exhibiting conglomerate effects have taken on a new prominence in the digital era, as the largest (...)

The Maltese Competition Authority clears joint venture in supermarket operations following an in-depth investigation (Retail Marketing / Co-op Trading Company / Polrem / Valyou...)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 14 contributions 845 visites
Full-function Joint Venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., Belleview Supermarkets Co. Ltd. and Valyou Supermarket Limited (Phase 2 (...)

The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

The EU Commission conditionally clears an acquisition between two global developers and suppliers of veterinary pharmaceuticals (Elanco Animal Health / Bayer Animal Health)
Van Bael & Bellis (Brussels)
Belgique 38 contributions 9360 visites
On 8 June 2020, the Commission announced its conditional clearance of Elanco’s purchase of Bayer’s animal health division (“BAH”). Both Elanco and BAH are global developers and suppliers of veterinary pharmaceuticals, and the transaction will establish the largest animal health company (...)

The EU Commission approves, subject to conditions, an acquisition of a global pharma company’s animal health division by an animal health company subject to divestments (Elanco Animal Health / Bayer Animal Health)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Mergers: Commission approves acquisition of Bayer’s animal health division by Elanco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bayer AGs animal health division by Elanco Animal Health Inc. The decision is (...)

The Maltese Competition Authority gives unconditional green light in Phase II to proposed supermarket joint venture since the notifying parties do not exceed 25% market share (Retail Marketing / Co-op Trading / Polrem / S. Borg & Sons / Tower Supermarkets Complex / Valyou Pendergardens Operations / Belleview Supermarkets / Valyou Supermarket)
Fenech & Fenech Advocates (Valletta)
Malte 5 contributions 310 visites
In a first for the Office for Competition within the MCCAA (“OfC”), a Phase II decision was issued by the Maltese Competition Authority on the 5th June 2020 giving the green light to a proposed Joint Venture (“JV”) between Retail Marketing Limited, Co-op Trading Company Limited, Polrem (...)

The Indian Competition Authority confirms that a merger between two automotive companies has no effect on competition in the country (Fiat Chrysler / Peugeot)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8376 visits
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10214 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10280 visites
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Peugeot is a publicly listed limited liability corporation, incorporated in France, as the holding company of a French-based group, which is mainly an OEM and dealer of motor vehicles, passenger cars as well as light commercial vehicles (“LCV”) under the brands Peugeot, Citroën, Opel, Vauxhall (...)

The UK Competition Authority finds competition concerns in merger of 2 leading wholesalers offering a wide range of commercial vehicle and trailer part types (Universal Components / 3G)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95204 visites
Commercial vehicle and trailer parts merger raises competition concerns* Universal Components’ purchase of 3G raises competition concerns in the wholesale supply of commercial vehicle and trailer parts, a CMA investigation has found. Universal Components UK Limited (Universal Components), (...)

The Australian Competition Authority continues its investigation into a 19.9% stake airline acquisition and highlights the increased concerns that smaller airlines face due to COVID-19 (Qantas / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
Australie 390 contributions 82062 visites
Investigation into Qantas’s stake in Alliance Airlines continues* The ACCC is continuing to investigate Qantas Airways’ (Qantas) (ASX:QAN) acquisition of a 19.9 per cent stake in Alliance Aviation (Alliance) (ASX:AQZ) during these uncertain times in the aviation industry. Qantas acquired a (...)

The Serbian Competition Authority clarifies who is considered to be a party to a concentration and how merger filing thresholds are calculated
Karanovic & Partners (Belgrade)
Serbie 6 contributions 231 visites
The Serbian Competition Commission has been laying low since the outbreak of corona virus, with the activities at the minimum. There has not been much news on its website either, except that on 1 June 2020, it clarified who is considered to be a party to a concentration and how merger filing (...)

State Aid

 The EU Commission approves a €30 billion French subordinated loan scheme to support companies affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €30 billion French subordinated loan scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €30 billion French subordinated loan scheme to support companies affected by the coronavirus outbreak. The scheme was (...)

The EU Commission adopts a third amendment to the State aid temporary framework
Kirkland & Ellis (London)
Royaume-Uni 1 contribution 170 visites
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Kirkland & Ellis (Brussels)
Belgique 6 contributions 3405 visites
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The Bar of Ireland - The Law Library
Irlande 3 contributions 1032 visites
The EC’s third amendment to the State aid Temporary Framework* On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State governments seeking to support their (...)

The EU Commission adopts a third amendment to extend the scope of the State aid Temporary Framework to support micro, small and start-up companies and incentivise private investments during the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission expands Temporary Framework to further support micro, small and start-up companies and incentivise private investments* The European Commission has adopted a third amendment to extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the (...)

The EU Commission approves €7.6 billion Italian tax schemes to support companies and self-employed workers affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €7.6 billion Italian tax schemes to support companies and self-employed workers affected by coronavirus outbreak* The European Commission has approved four Italian aid schemes to support companies and self-employed workers affected by the coronavirus outbreak. (...)

The EU Commission approves €6 billion German measure to recapitalise a major national airline and weather the economic effects of COVID-19 outbreak (Lufthansa)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €6 billion German measure to recapitalise Lufthansa* The European Commission has approved German plans to contribute €6 billion to the recapitalisation of Deutsche Lufthansa AG (DLH), the parent company of Lufthansa Group. The measure was approved under the (...)

The EU Commission opens in-depth investigation into the financing of Czech state-owned postal operator’s universal service obligation (Czech Post)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission opens in-depth investigation into the financing of Czech Post’s universal service obligation* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Czechia to Czech Post to fulfil its public service mission is in line (...)

The EU Commission publishes an overview of the State aid measures approved under the temporary State aid framework since the COVID-19 pandemic
Bird & Bird (Copenhagen)
Danemark 36 contributions 8063 visites
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Bird & Bird (Copenhagen)
Danemark 23 contributions 2490 visites
On 12 June 2020, the European Commission published an overview of the State aid measures approved under Article 107(2)b TFEU, Article 107(3)b and under the Temporary State Aid Framework since the beginning of the Coronavirus outbreak. Following the outbreak of the Coronavirus on 19 March (...)

The EU Commission consults the Member States on the proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments in the wake of COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Coronavirus: Commission Statement on consulting Member States on proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments* Today, the European Commission has sent to Member States for consultation a draft (...)

The EU Court of Justice reverses the General Court’s ruling and upholds the Commission’s decision according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102222 visites
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid* The General Court’s judgment upholding an action brought against that decision is set aside By (...)

The EU Court of Justice publishes its decision concerning a State aid question in the context of supplementary health insurance (Dôvera zdravotná poistʼovňa)
KU Leuven
Belgique 3 contributions 155 visites
The Dovera-saga: Peace of mind for solidarity or cold feet for EU competition law?* Last summer’s CJEU judgment in Case C-262/18 P Dovera Zdravotna Poist’ovna has gone by quite unnoticed with only a few mentions and annotationsin the usual blogs and journals. However, this judgment – which (...)

The EU Commission approves Polish recapitalization scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves Polish recapitalisation scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the coronavirus outbreak* The European Commission has approved a Polish recapitalisation scheme of up to €1.65 billion (PLN 7.5 billion) to (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to coronavirus outbreak* The European Commission has found an approximately €3.7 billion (SEK 39 billion) Swedish scheme that partially compensates companies exposed to large turnover (...)

The EU Commission approves Italian tax measures for maritime transport
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves Italian tax measures for maritime transport* The European Commission has approved under EU State aid rules the prolongation until end 2023 of various Italian support measures for maritime transport under Italy’s “International Registry” scheme. The scheme (...)

The EU Court of Justice narrows down the concept of “undertaking” with regards to health insurance bodies (Dôvera zdravotná poistʼovňa)
Van Bael & Bellis (Brussels)
Belgique 153 contributions 33900 visites
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Hogan Lovells (Brussels)
Belgique 37 contributions 6286 visites
The Court of Justice of the European Union’s (the “Court of Justice”) judgment of 11 June 2020, Commission v. Dôvera zdravotná poistʼovňa is another brick in the case law concerning the concept of “undertaking” with regard to health insurance bodies. The background of the case is a Slovak (...)

The EU Commission approves €1.2 billion Portuguese urgent liquidity support to its major national airline company, whose already existing liquidity needs to be increased with COVID-19 (Transportes Aéreos Portugueses)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €1.2 billion Portuguese urgent liquidity support to TAP* The European Commission has approved, under EU State aid rules, Portugal’s plans to grant a €1.2 billion rescue loan in favour of Transportes Aéreos Portugueses SGPS S.A. (“TAP”). The measure will provide (...)

The EU Commission approves €33 million Cypriot scheme deferring payment of VAT to support companies affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €33 million Cypriot scheme deferring payment of VAT to support companies affected by coronavirus outbreak* The European Commission has approved a €33 million Cypriot aid scheme deferring VAT payments to ease the liquidity constraints of companies affected by (...)

The EU Commission approves €286 million Finnish State aid measure to recapitalise a national airline which is considered essential to the recovery of the national economy after the COVID-19 outbreak (Finnair)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €286 million Finnish measure to recapitalise Finnair* The European Commission has approved Finnish plans to contribute to the recapitalisation of Finnair through the subscription of new shares by the State in the rights issue launched by Finnair on 10 June 2020 (...)

The EU Commission approves €5 billion French “umbrella” scheme to support research and development as well as testing infrastructures and production of COVID-19 relevant products
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €5 billion French “umbrella” scheme to support research, development, testing infrastructures and production of coronavirus relevant products* The European Commission has approved a €5 billion French “umbrella” scheme to support research and development, (...)

The EU Court of Justice clarifies the conditions governing the legality of an injunction issued at the same time as a decision to open a formal State aid investigation (Hungary / Commission)
Van Bael & Bellis (Brussels)
Belgique 153 contributions 33900 visites
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Hogan Lovells (Brussels)
Belgique 37 contributions 6286 visites
On 4 June 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered an important judgment clarifying the conditions under which the European Commission (the “Commission”) can issue an injunction on the basis of Article 11 of the former State aid procedural Regulation (...)

The Portuguese Supreme Administrative Court considers the distinction between "establishment" and "undertaking" in the context of EU State aid rules (Miranda do Douro)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2510 visites
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2698 visites
Background & facts of the case The municipality of Miranda do Douro brought a claim before the Supreme Administrative Court (“SAC”) against the ruling rendered by the Northern Central Administrative Court, which considered that the conditions for the exemption of property transfer (...)

Procedures

 The Japanese FTC issues a draft of amendments on the calculation of fines and reformation of the leniency system and seeks comments from the public
White & Case (Tokyo)
Japon 21 contributions 3369 visites
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White & Case (Tokyo)
Japon 20 contributions 3275 visites
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White & Case (Tokyo)
Japon 21 contributions 3369 visites
On June 29, 2020, the Japan Fair Trade Commission (“JFTC”) issued a draft of amendments to relevant cabinet orders and rules (“Drafts”) in accordance with the amendments to the Anti-Monopoly Act (“AMA”) previously passed in June 2019 (“2019 AMA Amendments” or “Amendments”). The JFTC is (...)

The Finnish Deputy Chancellor of Justice declares that the Competition Authority’s policy to prohibit recordings of hearings is declared unlawful under the national Competition Act
Dittmar & Indrenius (Helsinki)
Finlande 4 contributions 1224 visites
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Hannes Snellman (Helsinki)
Finlande 23 contributions 3003 visites
According to the decision of the Deputy Chancellor of Justice ("DCJ"), responsible for monitoring the lawfulness of the operations of public authorities, the Finnish Competition and Consumer Authority ("FCCA") cannot restrict the right of attorneys to record the hearings conducted by the FCCA (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 8462 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5580 visites
On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

The US DoJ welcomes the Congressional reauthorization of the Antitrust Criminal Penalty Enhancement and Reform Act
US Department of Justice (Washington)
United States 175 contributions 74069 visits
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust (...)

The Mexican Competition Authority issues regulatory provisions on the use of electronic means in investigations and other procedures and considers the possibility of conducting all of its future procedures electronically
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE issues Regulatory Provisions on the use of electronic means in investigation procedures and other procedures* Through these Provisions and the technological tools that will accompany them, COFECE takes a step forward towards the possibility of conducting all of its procedures (...)

The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council
Lithuanian Competition Authority (Vilnius)
Lithuania 104 contributions 20078 visits
Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

The Turkish Competition Authority introduces an up-to-date settlement mechanism
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80978 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4790 visites
(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered (...)

The Mexican Competition Authority files a constitutional controversy before the Supreme Court claiming that the energy policy violates antitrust principles
Ritch Mueller (Mexico City)
Mexique 6 contributions 1513 visites
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Ritch Mueller (Mexico City)
Mexique 1 contribution 122 visites
The Mexican Federal Government energy policies since the current Government took office two years ago have been scrutinized by the Federal Commission of Economic Competition (Comisión Federal de Competencia Económica) (“COFECE”, by its Spanish acronym) as they have raised doubts regarding (...)

The Turkish Constitutional Court issues a decision finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law infringement action (Onmed)
ACTECON (Istanbul)
Turquie 12 contributions 4212 visites
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ACTECON (Istanbul)
Turquie 8 contributions 1966 visites
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ACTECON (Istanbul)
Turquie 9 contributions 1838 visites
Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette. This decision appears to be a crucial one as it is the (...)

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms for the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80978 visites
After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National (...)

The Dutch Competition Authority resumes dawn raids, interrogations, and public hearings that were temporarily suspended due to the COVID-19 outbreak
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34909 visites
ACM resumes dawn raids, interrogations, and public hearings* The Netherlands Authority for Consumers and Markets (ACM) has resumed conducting unannounced dawn raids and interrogations as part of investigations into possible violations committed by companies. In addition, ACM has resumed (...)

The German Competition Authority announces modifications to the German Competition Act due to COVID-19 are coming into force
German Competition Authority (Bonn)
Allemagne 447 contributions 113534 visites
Modifications to German Competition Act (GWB) due to COVID-19 come into force* Due to the current COVID-19 pandemic modifications to the German Competition Act (GWB), which will come into force on Friday 29 May 2020, have been announced today in the German Federal Law Gazette. The (...)

The Spanish Competition Authority confirms the final version of the guide on competition compliance programs as a mitigating factor and means of avoiding public procurement bans
Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2115 visites
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Gold Abocados (Madrid)
Espagne 3 contributions 567 visites
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Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31622 visites
The Spanish National Markets and Competition Commission (“CNMC”) has confirmed in the final version of the Guide on compliance programmes in relation to competition rules (the “Guide”) that compliance programmes could potentially modulate the penalties imposed on companies investigated for (...)

The Spanish Competition Authority publishes a guide on compliance programmes in relation to antitrust laws
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
The CNMC publishes a guide on compliance programmes in relation to anti- trust laws* It contains the criteria that the CNMC would take into consideration when analysing the effectiveness of a compliance programme. It includes the consolidated principles used by other competition authorities to (...)

The Spanish Competition Authority publishes antitrust compliance programme guidelines
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46105 visits
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Latham & Watkins (Brussels)
Belgique 24 contributions 3206 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22000 visites
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The National Competition and Markets Commission (CNMC) has published a guide on competition law compliance programs (Guide). The Guide draws on two legal developments: (i) the prohibition of contracting with public administrations in the case of companies found guilty of infringing the (...)

The Spanish Competition Authority publishes guidelines on compliance programs
Ashurst (Madrid)
Espagne 14 contributions 2233 visites
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Spanish Competition Authority (CNMC) (Madrid)
Espagne 8 contributions 1402 visites
Spanish authority publishes compliance guidance The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes (...)

The Spanish Competition Authority publishes its guidelines on confidentiality claims for competition procedures
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
The CNMC publishes its guidelines on confidentiality claims for competition procedures* It is providing guidelines to companies and other stakeholders when submitting confidentiality claims to the CNMC It considers the most common cases under the CNMC’s assessment and judgments on the matter. (...)

The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
États-Unis 20 contributions 17603 visites
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Baker Botts (Brussels)
Belgique 28 contributions 48894 visites
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Baker Botts (Brussels)
Belgique 1 contribution 297 visites
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Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

The EU Commission launches a consultation on proposals for a competition tool and the Digital Services Act package
Oxera (London)
Royaume-Uni 1 contribution 62 visites
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Oxera (London)
Royaume-Uni 2 contributions 188 visites
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Oxera (London)
Royaume-Uni 13 contributions 11948 visites
On 2 June 2020, the European Commission launched a consultation on proposals for a new competition tool (NCT) and the Digital Services Act (DSA) package. If enacted, they would represent a significant change in competition enforcement in the EU, and a major step-up in the regulatory rules and (...)

The EU Commission consults on a new competition tool and signals a road towards a more proactive approach to enforcement
Hausfeld (Amsterdam)
Pays-Bas 3 contributions 878 visites
Introduction Competition law is one of the cornerstones of the European internal market. Two of the main articles for European Competition Law are 101 TFEU and 102 TFEU, which respectively contain the prohibition on agreements and concerted practices restricting competition (Article 101), (...)

The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that (...)

The EU Commission prepares a new competition enforcement tool to extend the Competition Authority’s current enforcement powers and allow for far-reaching intervention in structural competition concerns
Covington & Burling (Frankfurt)
Allemagne 7 contributions 2766 visites
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Covington & Burling (Brussels)
Belgique 49 contributions 17598 visites
The European Commission (”Commission”) is preparing the ground for a new competition enforcement tool. This new tool could substantially extend the competition authority’s current enforcement powers and allow for far-reaching intervention where the Commission identifies structural competition (...)

The EU Commission launches consultation for enforcement powers on digital markets
Loyens & Loeff (Amsterdam)
Pays-Bas 7 contributions 567 visites
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Loyens & Loeff (Amsterdam)
Pays-Bas 1 contribution 73 visites
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Loyens & Loeff (Amsterdam)
Pays-Bas 7 contributions 567 visites
Commission’s New Tools for Policing Digital Markets Are Shaping Up Gradually, But Slowly* After two rounds of public consultations that ended 8 September 2020, the European Commission (‘Commission’) appears to be on track and make its proposals for new enforcement powers more concrete. The (...)

The EU Commission consults stakeholders on a possible competition tool that would allow addressing structural competition problems, such as tipping markets, in a timely and effective manner
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission consults stakeholders on a possible new competition tool* The European Commission has published today an inception impact assessment as well as an open public consultation inviting comments on exploring the need for a possible new competition tool that would allow (...)

The EU Commission launches a public consultation to seek views from the public on the adoption of a regulation that would introduce a market investigation tool
Norton Rose Fulbright (Brussels)
Belgique 20 contributions 5531 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6983 visits
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De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 547 visites
On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek (...)

The EU Commission launches consultations on proposals for a New Competition Tool and its Digital Services Act package
Oxera (London)
Royaume-Uni 2 contributions 177 visites
On 2 June, the European Commission launched consultations on proposals for a New Competition Tool (NCT) and its Digital Services Act package. As an NCT based on a market structure threshold (options 3 and 4 in the Commission’s proposals) would be similar to the UK’s market investigation regime (...)

Regulatory

 The EU Commission publishes a report on the impact of the interchange fees regulation for card-based payment transactions
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission publishes report on the impact of the Interchange Fees Regulation* The European Commission has published a report on the impact of the Interchange Fees Regulation (“IFR”) for card-based payment transactions. In line with the requirements on the IFR itself, it has been (...)

The Mexican Competition Authority reports the Ministry of Energy’s new national electric system policy to the Supreme Court for undermining the fundamental principles of competition
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE files a constitutional controversy against the issuance of the Policy for reliability, security, continuity and quality in the National Electric System* The Mexican Federal Economic Competition Commission (COFECE or Commission) filed a constitutional controversy before the Supreme (...)

The Polish Government amends the national foreign investments control scheme and obliges investors from outside the EEA or from non-OECD countries to notify their transaction
Hansberry Tomkiel (Warsaw)
Pologne 6 contributions 1153 visites
LEAD: Pursuant to the recently amended Polish rules on the control of investments, the Polish Competition Authority (UOKiK) is empowered to review intended investments in Polish companies by investors who are: i) from outside of the European Economic Area, or ii) from non-OECD countries. Such (...)

The Australian Competition Authority welcomes the Government’s direction to actively monitor and report on competition conditions in the national air travel market
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 82062 visits
ACCC to monitor competition in the domestic airline market* he ACCC welcomes today’s direction from the Australian Government to actively monitor and regularly report on the domestic air travel market, particularly in relation to its competitiveness. The aviation industry globally has been (...)

The Polish Government amends the foreign investment screening regime to implement the EU FDI screening regulation
University of Macau - Faculty of Law
Chine 284 contributions 224900 visites
National competition authorities and FDI screening: the case of Poland* Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its (...)

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation
Bird & Bird (Warsaw)
Pologne 19 contributions 2964 visites
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Bird & Bird (Warsaw)
Pologne 19 contributions 2964 visites
Due to the COVID-19 pandemic and the looming economic crisis, Poland is currently adopting legislation, under which transactions involving certain Polish companies and non-EEA investors would be subject to a new clearance obligation. This legislation also temporarily adopts the FDI Screening (...)

The EU Commission publishes a White Paper on the regulation of foreign subsidies to protect the single market
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Linklaters (London)
Royaume-Uni 34 contributions 3085 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2415 visites
On June 17, 2020, the European Commission published a White Paper on the regulation of foreign subsidies, aiming to fortify the level playing field within the Single Market by dealing with the distortive effects caused by foreign subsidies. The White Paper, a long-awaited and well-received (...)

The EU Commission proposes new powers of investigation, sanction, control on mergers, market conduct, and public contracts to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 11 contributions 4493 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58468 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 12967 visites
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The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially (...)

The EU Commission adopts a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU
Dechert (Brussels)
Belgique 26 contributions 35524 visites
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Dechert (Brussels)
Belgique 3 contributions 2575 visites
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Dechert (Brussels)
Belgique 9 contributions 12183 visites
Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of (...)

The EU Commission opens a public consultation on a new tool to protect the EU from unfair international competition
Latham & Watkins (Hambourg)
Allemagne 4 contributions 169 visites
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Sumitomo Electric Industries (London)
Royaume-Uni 1 contribution 40 visites
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Latham & Watkins (Brussels)
Belgique 1 contribution 40 visites
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission (the Commission) is consulting the market on a proposal to add a new tool to the EU protective gear against international competition. (...)

The EU Commission goes extraterritorial with its new White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused by subsidies granted by states outside the EU
Dechert (London)
Royaume-Uni 9 contributions 3307 visites
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Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26101 visites
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Orrick, Herrington & Sutcliffe (London)
Royaume-Uni 8 contributions 2985 visites
The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused (...)

The EU Commission launches public consultation on a proposed new instrument to address distortive effects of foreign subsidies in the internal market
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 30 contributions 32033 visites
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Cleary Gottlieb Steen & Hamilton (Rome)
Italie 8 contributions 8800 visites
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Cleary Gottlieb Steen & Hamilton (Rome)
Italie 6 contributions 2118 visites
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On June 17, 2020, in response to calls from the European Council and certain Member States, the European Commission published a White Paper setting out its proposals for a comprehensive set of new tools to tackle the potentially competition-distorting effects of foreign subsidies on the (...)

The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s internal market
Morgan Lewis (Brussels)
Belgium 9 contributions 3845 visits
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Morgan Lewis (Brussels)
Belgium 5 contributions 2603 visits
The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

The EU Commission publishes a White Paper on leveling the playing field with regards to foreign subsidies
Freshfields Bruckhaus Deringer (Brussels)
Belgique 4 contributions 430 visites
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Freshfields Bruckhaus Deringer (Berlin)
Allemagne 6 contributions 1414 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 6 contributions 2231 visites
Tackling distortive effects caused by foreign subsidies in the EU single market is a top priority of the European Commission. In her first State of the Union address last week, EC President Ursula von der Leyen listed the legislative proposal on levelling the playing field as regards foreign (...)

The EU Commission releases a White Paper consulting on leveling the playing field as regards foreign subsidies
Kirkland & Ellis (London)
Royaume-Uni 7 contributions 2005 visites
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Shearman & Sterling (Washington)
États-Unis 1 contribution 385 visites
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Kirkland & Ellis (Brussels)
Belgique 6 contributions 3405 visites
The Commission’s White Paper on Foreign Subsidies* 1. Overview On 17 June 2020, the European Commission (“EC”) issued a White Paper consulting on “Levelling the Playing Field as regards Foreign Subsidies”. These are major new proposals to protect EU companies against perceived unfair (...)

The EU Commission proposes to grant new enforcement powers to address competition distortions caused by companies benefiting from subsidies from third-country governments
Morgan Lewis (Brussels)
Belgium 9 contributions 3845 visits
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Morgan Lewis (Brussels)
Belgium 5 contributions 2603 visits
The European Commission has published a White Paper proposing to grant the Commission new enforcement powers to address competition distortions caused by companies operating in, or entering into, the European Union’s Internal Market, which benefit from subsidies from third-country governments. (...)

The Irish Competition Authority launches public consultation on public liability insurance market
Irish Competition Authority (Dublin)
Irlande 101 contributions 16005 visites
CCPC launches public consultation on public liability insurance market* The Competition and Consumer Protection Commission (CCPC) announced today that it has opened a public consultation and is seeking views from stakeholders on their experiences in the public liability insurance market. (...)

The Romanian Competition Authority expects to see price reductions in the natural gas market following its liberalization and global decreases in oil prices
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27585 visites
The Liberalization of the Natural Gas Market Should Lead to Price Reduction* In the context of the liberalization of the gas market for household consumers, the Competition Council points out that both at wholesale and retail level (household customers), there must be a normal competitive (...)

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry
German Competition Authority (Bonn)
Allemagne 447 contributions 113534 visites
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The Hungarian Competition Authority launches a sector inquiry into the television broadcasting and distribution markets
Hungarian Competition Authority (Budapest)
Hongrie 92 contributions 18970 visites
The Hungarian Competition Authority has launched a sector inquiry into the television broadcasting and distribution markets* According to market signals received by the Hungarian Competition Authority (GVH), television broadcasters provide their services to larger television distributors at (...)

The Peruvian Competition Authority publishes guidelines on competition compliance programs aimed at preventing companies from engaging in anticompetitive behavior
Peruvian Competition Authority - INDECOPI (Lima)
Pérou 8 contributions 1926 visites
Indecopi publishes its "Guidelines on Competition Compliance Programs” which seeks to prevent the risks of engaging in anticompetitive behavior* The Commission for the Defense of Free Competition (CLC) introduced its “Guidelines on Competition Compliance Programs” (https://bit.ly/2MdDfqO) to (...)

The French Competition Authority launches public consultation on the freedom of establishment of notaries that will account for effects of the COVID-19 pandemic on the activity of notaries
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
New opinion on the freedom of establishment of notaries: the Autorité launches a consultation* The Autorité de la Concurrence launches a public consultation with a view to preparing a new opinion on the freedom of establishment of notaries and proposing a revision of the map that was (...)

The US FTC supports new provisions by the US centers for medicare & medicaid services aimed at reducing or eliminating restrictive Medicare payment requirements for telehealth and related services during the COVID-19 pandemic
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC Comment Supports Provisions in Centers for Medicare & Medicaid Services’ Interim Final Rule that Reduce or Eliminate Restrictive Medicare Payment Requirements for Telehealth and Related Services during Pandemic* The staffs of the Federal Trade Commission’s Office of Policy Planning, (...)

The EU Commission releases a consultation for the new Digital Services Act as a competition tool for online platforms in order to establish a modern legal framework
Kyriakides Georgopoulos (Athens)
Grèce 6 contributions 2590 visites
Over the last years, technological evolution and online platforms have brought radical changes to the European Union single market. In response to that, and in order to establish a modern legal framework which responds to the challenges of the digital era, the European Commission is consulting (...)

International

 Spain : The Commercial Court of Madrid grants damages amounting to €2.6 million in application of the “umbrella effect” doctrine (Realia)
Baker McKenzie (Madrid)
Espagne 33 contributions 25235 visites
The Commercial Court of Madrid has granted damages amounting to €2.6 million in a follow-on action based on the decennial reinsurance cartel. Although the claimant was not a customer of the reinsurance companies part of the cartel, the Commercial Court condemned the cartelists to pay damages (...)