June 2021

General antitrust

 The Ukrainian Parliament adopts the Tax Amnesty Law which includes amnesty for competition law violations
Redcliffe Partners (Kyiv)
Ukraine 1 contribution 285 visites
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Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9457 visites
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Redcliffe Partners (Kyiv)
Ukraine 1 contribution 285 visites
AMNESTY FOR VIOLATIONS OF THE COMPETITION LAW* On 21 July 2021, the Law of Ukraine on Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Encouraging the De-shadowing of Income and Improving Tax Culture of Citizens by Introducing a One-time (Special) Voluntary Declaration of (...)

The Polish Competition Authority publishes its annual antitrust activity report for 2020
Bird & Bird (Warsaw)
Pologne 19 contributions 3005 visites
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Bird & Bird (Warsaw)
Pologne 19 contributions 3005 visites
At the end of June, the Polish Competition Authority (UOKiK) published its annual activity report for 2020 (the Report). The Report shows that last year was particularly notable for UOKiK’s enforcement. Highest fine in UOKiK’s history UOKiK imposed the highest fine in its history on (...)

The Papua New Guinea Competition Authority raises concerns about the possible delay of competition reforms in the national power sector
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 15 contributions 617 visits
ICCC raises its concern on the possible delay in the Competition reforms necessary for the power sector in PNG* The Independent Consumer and Competition Commission (“ICCC”) says there is no room to delay the competition reforms pursued by the ICCC and PNG Power Limited (“PPL”) under the (...)

The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies
Bona Law (San Diego)
United States 14 contributions 6251 visits
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Bona Law (Detroit)
États-Unis 25 contributions 5597 visites
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* On June 23, the House Judiciary Committee marked up and reported favorably six new tech antitrust bills called to be a “historic package of bipartisan (...)

The European Competition Network publishes a joint position paper on how national competition authorities can strengthen the Digital Markets Act
Van Bael & Bellis (Brussels)
Belgique 59 contributions 14071 visites
On 22 June 2021, the heads of the national competition authorities (“NCAs”) published a joint position paper entitled How national competition authorities can strengthen the DMA (“NCA Paper”). The NCA Paper argues that NCAs are well placed to assist the European Commission (“Commission”) – and (...)

The European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8466 visits
The European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act* The European Competition Network (ECN) publishes a joint paper of the heads of the national competition authorities (NCAs) of the (...)

The UK Competition Authority consults the Government to replace the Retained Vertical Agreements Block Exemption Regulation with new Vertical Agreements Block Exemption Order
Covington & Burling (London)
United Kingdom 16 contributions 3949 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2055 visits
The Competition and Markets Authority (“CMA”) is consulting on its proposed recommendation to the Secretary of State for Business, Energy and Industrial Strategy to replace the retained Vertical Agreements Block Exemption Regulation (“retained VABER”) with a new UK Vertical Agreements Block (...)

The Finnish Government amends the Competition Act due to the ECN+ Directive
Hannes Snellman (Helsinki)
Finland 23 contributions 3019 visits
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Dittmar & Indrenius (Helsinki)
Finland 4 contributions 1226 visits
On 24 June 2021, the latest amendments of the Finnish Competition Act entered into force. The modifications were mostly based on the Directive 2019/1 (“ECN+ Directive”), which sought to ensure more effective enforcement of competition law across member states. The amended Competition Act was (...)

The UK Competition Authority publishes consultation on its proposed recommendations to the Government on the future of the retained vertical agreements block exemption regulation
Herbert Smith Freehills (London)
Royaume-Uni 24 contributions 8249 visites
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3530 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21059 visits
On 17 June 2021 the CMA published a consultation on its proposed recommendations to the Secretary of State on the future of the retained vertical agreements block exemption Regulation (VBER). At the end of the Brexit transition period the EU VBER became retained EU law in the UK, until its (...)

The UK Competition Authority proposes replacing the retained Vertical Agreements Block Exemption Regulation (Retained VABER), with the UK Vertical Agreements Block Exemption Order (UK VABEO)
Latham & Watkins (London)
Royaume-Uni 10 contributions 12843 visites
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Latham & Watkins (London)
Royaume-Uni 2 contributions 792 visites
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Latham & Watkins (London)
Royaume-Uni 1 contribution 51 visites
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The proposals include certain notable changes, while also mirroring the current UK framework and the European Commission’s planned approach in many respects. (...)

The Finnish Competition Authority announces updates to the National Competition Act based on the ECN+ Directive, including changes to the monitoring of competition restraints and sanctions imposed for infringements
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12572 visites
Changes to monitoring competition restraints and sanctions imposed for infringements – amendments to the Competition Act will enter into force on 24 June 2021* Amendments that apply to the assessment of the penalty payments imposed for infringements have been made to the Competition Act. At (...)

The OECD holds a roundtable on methodologies to measure market competition
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
A perceived reduction of the intensity of competition has been used by some to criticise competition authorities and to propose radical changes to competition law systems. The ability to reliably measure, track and compare the competitive intensity of a market is extremely valuable to (...)

The OECD holds a roundtable on the concept of potential competition
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
There have been increasing calls for greater clarity on the way that potential competition is treated within competition law. This reflects the fact that the importance of potential competition in the competitive analysis of many markets has been increasing as the pace of product evolution (...)

The OECD holds a roundtable on ex ante regulation and competition in digital markets
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
Regulators are becoming increasingly concerned about rises in market power and the growing influence of the large digital platforms within and beyond the marketplace. These concerns include economic aspects such as whether these companies are purposefully moving to prevent competition, as well (...)

The EU Commission publishes the initial findings of its inquiry into consumer Internet of Things sector inquiry page contents
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission publishes initial findings of consumer Internet of Things sector inquiry Page contents* The European Commission has published today the preliminary results of its competition sector inquiry into markets for consumer Internet of Things (IoT) related products and services (...)

The Romanian Competition Authority changes the analyzing manner of cases in the sector of pharmaceuticals and parapharmaceuticals retail
Romanian Competition Council (Bucharest)
Romania 160 contributions 27935 visits
The Competition Council Changes the Analyzing Manner of Cases in Sector of Pharmaceuticals and Parapharmaceuticals Retail* The Competition Council will change the analysing manner of the cases in the sector of pharmaceuticals and Para pharmaceuticals retail through specialized stores (...)

The EU Commission publishes a preliminary report setting out the initial findings of its sector inquiry into the consumer Internet of Things
White & Case (Brussels)
Belgique 38 contributions 65570 visites
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White & Case (Brussels)
Belgium 35 contributions 13143 visits
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

The OECD holds a roundtable on data portability, interoperability and competition
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
Data portability has been identified as a procompetitive measure to empower consumers to choose among competing providers. Specifically, data portability could theoretically reduce the switching costs consumers face, for example if they must reproduce all of the information and content (...)

The OECD holds a roundtable on competition compliance programmes
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
Compliance programmes can be helpful complements to public enforcement activity: ideally by preventing competition law violations in the first place. Important developments have taken place since the last OECD discussion on compliance programmes in 2011. Many OECD competition agencies have (...)

The Czech Competition Authority initiates a pharmaceutical sector inquiry
Bird & Bird (Prague)
République tchèque 25 contributions 4328 visites
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Dentons (Prague)
République tchèque 14 contributions 3247 visites
In recent years, there has been an increase in the number of complaints from competitors in the pharmaceutical sector, associations of pharmaceutical companies and the public, especially in relation to the distribution of medicines. The pharmaceutical sector was also subject to changes both at (...)

The OECD holds a roundtable on competition enforcement and regulatory alternatives
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
Economic regulation and competition policy are interdependent instruments of economic policy which, while distinct, can have overlapping scopes. Competition law seeks to strengthen the workings of markets by prohibiting certain forms of anticompetitive behaviour that, alone or in concert, have (...)

The US State of New York Senate adopts the Twenty-First Century Antitrust Act to amend its State antitrust law
Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 9239 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
Belgium 8 contributions 3447 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2182 visits
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The New York state Senate has passed the “Twenty-First Century Antitrust Act” (S. 933) to amend its state antitrust law, radically changing the risks of doing business in New York. It ostensibly aims at so-called “Big Tech,” but applies to all businesses, even those having very little (...)

The EU Commission publishes an inception impact assessment about potential revisions to the research and development block exemption regulation and the specialisation block exemption regulation
Van Bael & Bellis (Brussels)
Belgique 59 contributions 14071 visites
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Van Bael & Bellis (Brussels)
Belgique 34 contributions 7633 visites
In the course of the ongoing review of the application of the EU competition rules to horizontal cooperation agreements, the European Commission (“Commission”) published on 7 June 2021 an inception impact assessment (“IIA”) in relation to potential revisions to the Research and Development (...)

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market
Danish Competition and Consumer Authority (Copenhagen)
Danemark 131 contributions 35922 visites
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

The US State of New York Senate adopts legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
United States 50 contributions 27768 visits
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White & Case (Washington)
United States 34 contributions 19273 visits
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White & Case (Washington)
États-Unis 18 contributions 6689 visites
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While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything (...)

The Australian Competition Authority releases its class exemption program allowing small businesses to collectively bargain
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Collective bargaining by small business facilitated by class exemption* From today, small businesses, franchisees and fuel retailers can use the ACCC’s class exemption for collective bargaining. This class exemption, which is the first made by the ACCC, will allow collective negotiation (...)

Anticompetitive practices

 The Spanish Commercial Court of Granada grants the first €1.8M award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Brazilian Competition Authority convicts members of a cartel in procurements for PVC pipes and fittings (BR Plásticos Indústria / BRP Indústria Plástica / Nicoll Indústria Plástica Tigre / Amanco)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE convicts a cartel in procurements for PVC pipes and fittings* In the hearing of this Wednesday (30 June), the Administrative Council for Economic Defense convicted five firms and six individuals for a cartel in public procurements for PVC pipes and fittings. Such procurements were aimed (...)

The Irish Competition Authority launches a public campaign to alert retailers against resale price maintenance
Irish Competition Authority (Dublin)
Irlande 103 contributions 16162 visites
CCPC puts spotlight on anti-competitive pricing practice* The Competition and Consumer Protection Commission (CCPC) has launched a campaign to alert Irish retailers of a harmful anticompetitive pricing practice, called resale price maintenance. Along with publishing guidance to help (...)

The Paris Court of Appeal refuses to cancel an alleged anticompetitive purchase price agreement between social landlords on account of absence of anticompetitive effect (Fédération des promoteurs immobiliers des Alpes/Pluralis)
Nest Avocats (Paris)
France 14 contributions 39101 visits
The Paris Court of Appeal confirmed a judgment of the Lyon Civil Court and dismissed FEDERATION DES PROMOTEURS IMMOBILIERS DES ALPES (Federation of real estate developers in the Alps) and SARL PATRICK GAILLARD ET ASSOCIÉS (a real estate developer) claims. The claimants ask the Court to state (...)

The Canadian Competition Authority presses criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts (François Paulhus)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Fifth engineering executive charged in Gatineau bid-rigging case* The Competition Bureau announced today that it has laid criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts. François Paulhus is accused of (...)

The Australian Federal Court dismisses the Competition Authority’s case against port commitment deeds in New South Wales (NSW Ports)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports). The proceedings concerned (...)

The US DoJ fines a Belgian security services company $15M for bid rigging and price fixing in national defense procurement (G4S Secure Solutions)
US Department of Justice (Washington)
États-Unis 176 contributions 74890 visites
Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement* Company to Pay $15 Million Criminal Fine G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to (...)

The Danish Competition Appeals Tribunal upholds two of the Competition Authority’s decisions finding that the exchange of information on prices, discounts, and quantities concerning future sales between retailers of clothing items is illegal (Hugo Boss / Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 131 contributions 35922 visites
The Danish Competition Appeals Tribunal: Exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items was illegal* The Danish Competition Appeals Tribunal has upheld two separate decisions of the Danish Competition Council (...)

The EU Commission carries out unannounced inspections in the manufacturing and distribution of garments sector
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission carries out unannounced inspections in the manufacturing and distribution of garments sector* On 22 June 2021, the European Commission has carried out unannounced inspections in Germany at the premises of a company active in the sector of manufacturing and distribution (...)

The Portuguese Competition Authority fines the national association of advertising agencies €3.6 million for restricting members’ competition on private tenders (APAP)
Cruz Vilaça Advogados (Lisbon)
Portugal 4 contributions 2612 visites
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Cruz Vilaça Advogados (Lisbon)
Portugal 1 contribution 101 visites
On 22 June 2021, the Portuguese Competition Authority (Autoridade da Concorrência, “AdC”) issued a Decision (PRC/2018/3) imposing a €3.6 million fine on the Portuguese Advertising Agencies Association (Associação Portuguesa de Agências de Publicidade, “APAP”), for adopting a decision contrary (...)

The Portuguese Competition Authority updates its decision to fine an advertising association and its jointly responsible corporate body members €3.6M for implementing an anticompetitive guide for tenders in the advertising sector (APAP)
Vieira de Almeida (Lisbon)
Portugal 7 contributions 640 visites
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Vieira de Almeida (Lisbon)
Portugal 12 contributions 15108 visites
On 22 October 2020 the Portuguese Competition Authority (PCA) imposed 3,6 million euros fine upon the Portuguese Advertising Agencies’ Association (APAP) for allegedly restraining its associates from freely participating in procurement tenders for advertising services. On appeal, the (...)

The Dutch Competition Authority continues to investigate a Big tech company’s online store (Apple App Store)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
ACM can continue its investigation into the Apple App Store* The investigation of the Netherlands Authority for Consumers and Markets (ACM) into Apple’s App Store complements the investigations of the European Commission into the App Store. All of these investigations can be conducted next (...)

The Spanish Competition Authority fines a cartel formed by multiple passenger transport companies in Cantabria (Anfersa Adaptado / Buses Benito / Autocares Mariano)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC sanctions two cartels formed by passenger transport companies in Cantabria.* They affected passenger transport services by road in this autonomous community, both regular and discretionary, and especially school transport. The investigation of the cartels constitutes one of the CNMC’s (...)

The US Supreme Court upholds a district court injunction finding unlawful certain sport association rules limiting the education-related benefits schools may make available to student-athletes (NCAA / Alston)
Mercatus Center - George Mason University (Arlington)
États-Unis 8 contributions 17636 visites
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston* In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate (...)

The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
Jones Day (Washington)
États-Unis 2 contributions 972 visites
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Jones Day (Colombus)
United States 3 contributions 1305 visits
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Jones Day (Washington)
United States 25 contributions 7653 visits
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The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may (...)

The US Supreme Court rules that an association’s restrictions on compensation for college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of antitrust laws (NCAA / Alston)
Hausfeld (Washington)
États-Unis 8 contributions 9287 visites
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Hausfeld (Washington)
États-Unis 1 contribution 336 visites
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Hausfeld (Washington)
États-Unis 7 contributions 980 visites
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In a unanimous decision, the Supreme Court today ruled (in Alston v. NCAA) that the National Collegiate Athletic Association’s restrictions on compensation to college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of the antitrust (...)

The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law through "naked" wage-fixing of student-athletes (NCAA / Alston)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5076 visits
Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” (...)

The US Supreme Court unanimously affirms that a school sports association’s compensation limits for “education-related benefits” violate antitrust law (NCAA / Alston)
Hausfeld (Washington)
États-Unis 7 contributions 980 visites
On June 21, 2021, the Supreme Court unanimously affirmed the Northern District of California’s findings in National Collegiate Athletic Association v. Alston concerning the NCAA’s rules limiting college athlete compensation. Leaving no doubt about the need for existential change from within (...)

The Spanish and Portuguese Competition Authorities carry out simultaneous investigations into possible market-sharing arrangements in the supply of business information databases
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
CNMC and the Autoridad da Concorrência (AdC) carry out simultaneous investigations into possible anti-competitive practices in Spain and Portugal* The inspections concern companies that market subscriptions to databases with business information. Both authorities analyse possible (...)

The US Supreme Court upholds a decision stating that the restrictions imposed by the sports association on education-related compensation for student-athletes violate the antitrust laws (NCAA / Alston)
Baker & Miller (Washington)
États-Unis 1 contribution 221 visites
More to Supreme Court’s NCAA decision than just sports* Introduction There has been a plethora of articles about the Supreme Court’s 21 June 2021 decision upholding a decision that the restrictions imposed by the National Collegiate Athletic Association (NCAA) on education-related (...)

The US Supreme Court affirms lower court decisions that certain restrictions imposed by a national sports association on educational benefits for student-athletes violate antitrust laws, a decision that may help future antitrust defendants (NCAA / Alston)
Bona Law (Detroit)
États-Unis 25 contributions 5597 visites
On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated Sherman Act Section 1. The unanimous opinion was a clear win for the plaintiff class and almost certainly will lead to big (...)

The EU Commission sends a statement of objections to an association of Irish insurers (Insurance Ireland)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
The Commission has informed Insurance Ireland, an association of Irish insurers, of its preliminary view that it breached EU antitrust rules by restricting competition in the Irish motor vehicle insurance market. The Commission takes issue with certain conditions of access to the Insurance (...)

The Chinese State Council releases a circular elaborating on its legislative work plan to submit the Anti-Monopoly Law for deliberation and amendment by Congress to close “loopholes” in anti-cartel enforcement
Hogan Lovells (Beijing)
Chine 1 contribution 197 visites
Companies doing business in China need to anticipate stricter anti-cartel enforcement in the near future. Recently released legislative plans suggest an amendment of the Anti-Monopoly Law is on its way. The published draft amendment – prepared by the State Administration for Market Regulation, (...)

The US FTC announces that a real estate appraisers board agreed to settle charges stating that it fixed prices for appraisal services in Louisiana (Louisiana Real Estate Appraisers Board)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40373 visits
Louisiana Real Estate Appraisers Board Agrees to Settle FTC Charges that It Fixed Prices for Appraisal Services in Louisiana* The Louisiana Real Estate Appraisers Board has agreed to stop fixing compensation levels for residential real estate appraisal services in Louisiana as part of a (...)

The Indian Karnataka High Court dismisses petitions by 2 major online retailers challenging the probe ordered by the Competition Authority against them for alleged violations of Competition Law (Amazon / Flipkart)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
Amazon and Flipkart lose (first) battle against Antitrust probe -Karnataka High Court dismisses the writ petition against CCI prima facie order* So, is it the beginning of the end of the Amazon (and Flipkart’s) combined market dominance or, at least, their allegedly vertical anti-competitive (...)

The Swedish Competition Authority imposes a fine on the police for its unlawful purchase of vehicle recovery services by performing an illegal direct award of contract (Swedish Police Authority)
Swedish Competition Authority (Stockholm)
Suède 69 contributions 9945 visites
Unlawful purchase of vehicle recovery services by police* For several years the Swedish Police Authority had been buying vehicle recovery services without a correctly procured agreement in place. The Swedish Competition Authority is now demanding that the Swedish Police Authority pay SEK 2 (...)

The Polish Competition Authority initiates a preliminary investigation into an alleged anticompetitive agreement by a car manufacturer and its dealers (Kia)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
Collusion by Kia car dealers? Preliminary investigation and searches by UOKiK* Are Kia cars sold in breach of competition law? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, Office employees conducted (...)

The US DoJ announces that a North Carolina engineering firm pleads guilty to decade-long bid rigging and fraud scheme (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington)
États-Unis 176 contributions 74890 visites
Engineering Firm Pleads Guilty to Decade-Long Bid Rigging and Fraud Scheme* Company Sentenced to Pay $7 Million in Criminal Fine and Over $1.5 Million in Restitution to North Carolina Department of Transportation A North Carolina engineering firm was sentenced today after pleading guilty (...)

The US DoJ sentences a company to pay $7M in criminal fines and over $1.5M in restitution as it pleads guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud (Contech Engineered Solutions / Brent Brewbaker)
McDermott Will & Emery (Washington)
United States 9 contributions 4581 visits
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McDermott Will & Emery (Washington)
United States 16 contributions 3094 visits
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud in connection with the (...)

The EU Commission opens an investigation into possible anticompetitive conduct by a Big Tech company in the online classified ads sector (Facebook Marketplace)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct of Facebook* The European Commission has opened a formal antitrust investigation to assess whether Facebook violated EU competition rules by using advertising data gathered in particular from advertisers in order (...)

The German Competition Authority initiates proceedings against a Big Tech company to examine its new method of displaying external publisher’s news content (Google News Showcase)
German Competition Authority (Bonn)
Allemagne 447 contributions 113815 visites
Bundeskartellamt examines Google News Showcase* The Bundeskartellamt has initiated a proceeding against Alphabet Inc., Mountain View, USA, and its affiliates (“Google”) to examine under competition law the Google News Showcase service offered by the company. The examination is mainly based (...)

The Turkish Competition Authority grants an individual exemption for five years to a “frequent flyer cooperation agreement” between a national airline and a bank (Turkish Airlines / Kuveyt Turk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81264 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 5 contributions 1491 visites
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Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 837 visites
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This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Turkish Airlines and Kuveyt Turk exemption decision in which the Board determined that the "THY Frequent Flyer Program Miles&Smiles Credit Card Cooperation Agreement" (“Agreement”) cannot be issued a (...)

The Lithuanian Competition Authority closes its investigation into suspected bid-rigging in the construction and reconstruction of quays and other objects (Latvijas tilti / BMGS)
Lithuanian Competition Authority (Vilnius)
Lituanie 105 contributions 20206 visites
Lithuanian Competition Authority terminates investigation into suspected bid-rigging* The Lithuanian competition authority Konkurencijos taryba decided to terminate an investigation into the compliance of actions of undertakings involved in public procurements for the construction and (...)

The EU Court of Justice dismisses an appeal from a member of the Car Battery Cartel requesting leniency on the grounds that they did not provide novel information (Recylex)
McDermott Will & Emery (Paris)
France 32 contributions 7514 visits
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McDermott Will & Emery (Paris)
France 28 contributions 3985 visits
On 3 June 2021, the CJEU issued a judgment rejecting Recylex’s appeal against the GCEU’s dismissal of Recylex’s challenge to the EC’s infringement decision in the car battery recycling cartel. By this decision the EC rejected Recylex’s request for an increase in leniency reduction beyond the (...)

The Indian Competition Authority rejects allegations that several domestic airlines had colluded to raise prices (Shikha Roy / Jet Airways)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The Competition Commission of India (CCI) rejected allegations that a number of domestic airlines had colluded to raise prices during the period of Jat agitation in February 2016. Following the conclusions of the investigating Director General (DG), the CCI found there was no evidence of a (...)

The Australian Federal Court acquits a CEO and former employee of a national healthcare facility accused of participating in cartel activities (Country Care)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Country Care, CEO and former employee acquitted of criminal cartel offences* A jury in the Federal Court today acquitted rehabilitation aids company The Country Care Group Pty Ltd, its CEO Robert Hogan and a former employee Cameron Harrison of eight criminal cartel offences. The charges (...)

The Paris Court of Appeal clarifies that a pharmaceutical laboratory can impose different commercial conditions on different groups of customers provided such a categorization is objectively justified (Bristol-Myers Squibb / UPSA / Pyxis Services / Sagitta Pharma)
BCTG Avocats (Paris)
France 6 contributions 988 visites
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BCTG Avocats (Paris)
France 2 contributions 498 visites
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BCTG Avocats (Paris)
France 1 contribution 241 visites
The Paris Court of Appeal examined, in two separate cases in 2019 and 2021, the lawfulness of the pricing practices of two pharmaceutical groups (Cooper and Bristol-Myers Squibb & UPSA - these last two laboratories were sister companies at that time) with regard to a purchasing pooling (...)

The US Court of Appeals for the Ninth Circuit rules that attorney fees should be evaluated for possible collusion even in settlements that occur after class certification (Briseño / Henderson)
Hausfeld (San Francisco)
États-Unis 3 contributions 323 visites
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Hausfeld (San Francisco)
United States 3 contributions 493 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 1, 2021, the Ninth Circuit issued its opinion in Briseño v. Henderson, reversing the Central District of California’s approval of a class action (...)

Unilateral Practices

 The Brazilian Competition Authority assesses a national fuel company’s IT system used to negotiate prices with its retailers (Ipiranga)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE assesses fuel company Ipiranga’s new pricing policy* The fuel distribution company has consulted with the authority about an IT system to negotiate prices with its retailers. In a hearing held last Wednesday (30 June), the Tribunal of the Administrative Council for Economic Defense (...)

The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of State AGs against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 30 contributions 9471 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5627 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 9 contributions 2743 visites
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On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group of state enforcers. The complaints accused Facebook of illegally (...)

The US District Court for the District of Colombia dismisses a case filed by the FTC against a Big Tech company due to the lack of plausible evidence that the company has monopoly power in the personal social networking services market (Facebook)
Bona Law (Detroit)
États-Unis 25 contributions 5597 visites
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Bona Law (San Diego)
United States 14 contributions 6251 visits
Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)* In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits (...)

The Indian Competition Authority dismisses arguments against the national stock exchange for abuse of dominance by introducing co-location services and by giving unfair preferential access to some trading members of its co-location services (National Stock Exchange)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI dismissed at prima facie stage arguments that the National Stock Exchange (NSE) had abused its dominant position by introducing co-location services and by giving unfair preferential access to some trading members of its co-location services. Co-location refers to the renting of (...)

The Russian Competition Authority decides to add a football club as interested person in an abuse of dominance case against a Big Tech company in the market for video hosting services (Google / YouTube)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visites
FAS reported involvement of new participant in Google case on YouTube blocking rules* On June 23, the first meeting of the Commission of the FAS Russia in the case of violation of antimonopoly law for abusing dominant market position in YouTube video hosting services took place During the (...)

The French Competition Authority agrees that a vacuum manufacturer did not engage in abusive resale-price maintenance after ten year legal battle (Kärcher)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8407 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 931 visits
On June 24, 2021, after almost 10 years of proceedings, the FCA held that Kärcher’s recommended resale prices practices did not amount to resale price maintenance. In particular, while Kärcher sales persons regularly visited points of sale to discuss elements of sales policy, such as the (...)

The Polish Competition Authority initiates proceedings against a retail chain for unfair exploitation of contractual advantage (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
President of UOKiK initiates proceedings against the owner of the Kaufland chain* The President of UOKiK Tomasz Chróstny initiated proceedings against Kaufland Polska Markety. The company may unfairly exploit its contractual advantage with respect to suppliers of agri-food products. The (...)

The Indian Competition Authority opens an investigation into a Big Tech company for abusing its dominance in the market of smart TV operating systems and market for related mobile apps (Google / Xiaomi / TCL)
National Law University Odisha (Cuttack)
India 1 contribution 729 visits
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National Law University Odisha (Cuttack)
India 1 contribution 729 visits
In its order dated 22nd June 2021, the Competition Commission of India (CCI) directed an investigation against Google after being prima facie convinced of it abusing its dominance in the market of licensable smart TV device operating systems (OS) as well as the market for app store for Android (...)

The Indian Competition Authority orders an investigation against a Big Tech company for imposing restrictive obligations on smart TV original equipment manufacturers (Google / Xiaomi / TCL)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20472 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI directed an investigation against Google for alleged abuses in relation to its TV operating system, Android TV OS. The two Informants in the case alleged that Google had imposed restrictive obligations on smart TV original equipment manufacturers (OEMs) in breach of Section 4 of the (...)

The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google ad tech)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct by Google in the online advertising technology sector* The European Commission has opened a formal antitrust investigation to assess whether Google has violated EU competition rules by favouring its own online (...)

The UK Competition Authority launches a market study into two Big Tech companies’ mobile ecosystems over concerns that they might abuse their dominant position (Google / Apple)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 387 contributions 95608 visites
CMA to scrutinise Apple and Google mobile ecosystems* The CMA has launched a market study into Apple’s and Google’s mobile ecosystems over concerns they have market power which is harming users and other businesses. The Competition and Markets Authority (CMA) is taking a closer look at (...)

The UK Competition Authority secures commitments from a Big Tech company to address concerns about its proposal to remove third-party cookies on its main internet browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 387 contributions 95608 visites
CMA to have key oversight role over Google’s planned removal of third-party cookies* Following an investigation, the CMA has secured commitments from Google to address concerns about Google’s proposal to remove third-party cookies on Chrome. The CMA is to take up a role in the design and (...)

The French Competition Authority rejects a TV broadcaster’s complaint against the national football league’s awarding of broadcasting rights due to insufficient evidence (Canal Plus / Ligue de Football Professionnel)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
Reawarding of the football Ligue 1’s TV rights: The Autorité de la concurrence rejects Canal + Group’s complaint against the LFP, for lack of sufficient evidence* Background On 29 January 2021, Canal Plus Group ("GCP") referred practices allegedly implemented by the Ligue de Football (...)

The Paris Court of Appeal orders a tobacco supplier to pay damages of almost €127M to two distributors for lost profits as a result of resale price maintenance agreements (Lorillard / AVGR / Lagache)
Nest Avocats (Paris)
France 14 contributions 39102 visites
The Paris Court of Appeal ordered LORILLARD, head of the LORENOVE concession network, to pay to two of its dealers (AVGR and LAGACHE), belonging to the same group of companies, respectively the sums of €62,952.93 and €64,021.58 for having imposed resale prices on them from 2010 to 2013. (...)

The Polish Competition Authority initiates proceedings against a leading grain trader for unfairly exploiting its contractual advantage (Cefetra Polska)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21820 visites
President of UOKiK initiates proceedings concerning the practices of Cefetra Polska* The President of UOKiK Tomasz Chróstny initiated proceedings against the Cefetra Polska company. The entrepreneur may be unfairly exploiting its contractual advantage. Of particular concern are contracts (...)

The Russian Competition Authority adds a snack manufacturing company and an e-learning company as interested parties in a case against search engine platform’s abuse of dominance (Yandex)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visites
New Stakeholders are involved in the consideration of the Yandex search results case* The company abuses of dominant position in the Internet search market and provides preferential conditions to its own services On June 9, 2021, during the meeting in the case, the applicants confirmed (...)

The French Competition Authority accepts proposed settlement with a Big Tech company regarding online advertising practices and imposes a €220M fine for self-preferencing in the market for online display advertising (Google AdX / Google DoubleClick for Publishers)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3354 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7633 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14071 visits
In a decision of 7 June 2021, the French Competition Authority (“FCA”) accepted a proposed settlement by Google LLC and Google Ireland Ltd (“Google”) with respect to certain online advertising practices. The decision also imposed a € 220 million fine on Google as it concluded that Google’s (...)

The French Competition Authority fines a Big Tech company €220M for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google AdX / Google DoubleClick for Publishers)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
The Autorité de la concurrence hands out a €220 millions fine to Google for favouring its own services in the online advertising sector* Google, did not dispute the facts, wished to settle with the Autorité, which granted its request. Google also proposed commitments, accepted by the (...)

The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
Hausfeld (Berlin)
Germany 9 contributions 2800 visits
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Linklaters (Berlin)
Allemagne 2 contributions 1183 visites
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Hausfeld (Berlin)
Germany 7 contributions 1930 visits
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)

The UK Competition Authority investigates a social media company’s use of ad data (Facebook)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
CMA investigates Facebook’s use of ad data* The CMA is investigating whether Facebook might be abusing a dominant position in the social media or digital advertising markets through its collection and use of advertising data. Facebook login on a mobile and laptop screen The Competition and (...)

The French Competition Authority submits commitments for public consultation following an investigation in the online advertising sector (Facebook / Criteo)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
In the context of an investigation opened before the Autorité in the online advertising sector, Facebook proposes commitments* The Autorité de la concurrence is submitting these commitments for public consultation, and is inviting actors from the sector to provide their feedback. The case (...)

The Indian Competition Authority launches an investigation against a baseball federation and grants a rare interim injunction against the federation restraining its members’ participation in "not recognized" sports events (Confederation of Professional Baseball Softball Clubs / Amateur Baseball Federation of India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20471 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI considered at prima facie stage allegations by the Confederation of Professional Baseball Softball Clubs (CPBSC) that the Amateur Baseball Federation of India (ABFI) had abused its dominant position by prohibiting State Baseball Associations from dealing with bodies and leagues not (...)

The Indian Competition Authority rejects the allegations of abuse of dominance made against sports federations (Volleyball Federation of India / Baseline)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20471 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI considered allegations made by a number of volleyball players registered with the Volleyball Federation of India (VFI) that the VFI, together with Baseline Ventures (India) Private Limited (Baseline), had acted in breach of the Competition Act. The Informants alleged that the VFI, in (...)

The Dutch Trade and Industry Appeals Tribunal upholds the annulment of the nearly €41M abuse of dominance fine imposed by the Competition Authority against a railway company (Nederlandse Spoorwegen)
KPN (Amsterdam)
Pays-Bas 33 contributions 7194 visites
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Bird & Bird (The Hague)
Pays-Bas 4 contributions 857 visites
On 1 June 2021 the Dutch Trade and Industry Appeals Tribunal (“CBb”), which is the highest administrative court in the Netherlands, upheld the annulment of the nearly € 41 million abuse of dominance fine imposed by the Authority for Consumers and Markets (“ACM”, the Dutch competition (...)

The Mexican Competition Authority fines an industrial gas company for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon (Praxair)
Mexican Competition Authority (Mexico City)
Mexique 135 contributions 26224 visites
COFECE fines Praxair for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon* In 2018, during the trial-like procedure for possible relative monopolistic practices, Praxair offered commitments with the aim of restoring (...)

Mergers

 The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12572 visites
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect (...)

The French Competition Authority opens public consultation on a merger in the real estate sector (CDC / Nexity / Miniburo)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
The Autorité de la concurrence opens a public consultation on a merger in the real estate sector* The Autorité de la concurrence is examining a proposed merger under which the Caisse des Dépôts et Consignations (French Deposit and Consignment Office), together with Nexity, plans to acquire (...)

The Belgian Competition Authority clears a merger between three Brussels-based hospitals to form one group (Cliniques Universitaires de Bruxelles / Institut Jules Bordet / Hôpital Universitaire des Enfants Reine Fabiola)
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11106 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
On 30 June 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) cleared a merger between three Brussels-based hospitals: (i) Cliniques Universitaires de Bruxelles - Hôpital Erasme / Universitaire Klinieken Brussel - (...)

The Canadian Competition Authority challenges a proposed merger between two Western Canadian oil and gas waste service providers (Secure Energy / Tervita)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10686 visits
Competition Bureau challenges proposed merger of rival oil and gas waste service providers Secure and Tervita* The Competition Bureau is seeking to block Secure Energy Services Inc.’s proposed acquisition of Tervita Corporation to protect competition for customers of oil and gas waste (...)

The EU Commission opens an in-depth investigation into proposed merger between two airline companies (Air Europa / IAG)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Air Europa by IAG* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Air Europa by IAG, under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The Spanish Competition Authority approves the take-over merger between two national banks subject to conditions (Liberbank / Unicaja Banco)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30117 visites
The CNMC approves the take-over merger of Liberbank, S.A. by Unicaja Banco, S.A., subject to certain commitments* The CNMC assessed the commitments proposed by Unicaja to resolve the competition issues resulting from the operation. These affect some of the branches in the province of Cáceres, (...)

The Croatian Competition Authority approves two mergers in the wholesale petrol products market and the production and sale of industrial cables sector (Petrol / Crodux Derivati Dva) (ISKRA / ELKA)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
CCA APPROVES TWO MERGERS – PETROL D.D. / CRODUX DERIVATI DVA D.O.O. AND ISKRA D.O.O. / ELKA D.O.O.* By the implementation of the concentration concerned the acquiring company Petrol takes over the following businesses of Crodux Derivati Dva: the wholesale in petroleum products (petrol and (...)

The US FTC orders the divestiture of hundreds of shops following the acquisition of a retail fuel chain by the largest national convenience store chain (7-Eleven / Speedway)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40373 visits
FTC Orders the Divestiture of Hundreds of Retail Stores Following 7-Eleven, Inc.’s Anticompetitive $21 Billion Acquisition of the Speedway Retail Fuel Chain* Proposed order prohibits 7-Eleven from enforcing noncompete provisions for franchisees or employees working at or doing business with (...)

The French Competition Authority unconditionally clears the acquisition of a clothing retail brand by a national real estate investment company (GAP / FIB)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
The Autorité clears the takeover of GAP by the Financière Immobilière Bordelaise* On 4 June 2021, the Financière Immobilière Bordelaise group (hereinafter "FIB") notified the Autorité de la concurrence of its plan to acquire the activities of the GAP brand in France. Parties to the (...)

The German Competition Authority unconditionally clears a merger between two family-owned food retailers on the market for preserved fruit in glass jars and cartons (Andros / Spreewaldhof)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Bundeskartellamt clears acquisition of Spreewaldhof by Andros* The Bundeskartellamt has today cleared the acquisition of Obst- und Gemüseverarbeitung “Spreewaldkonserve” Golßen GmbH (“Spreewaldhof”) by Andros & Cie SAS (“Andros”) in second-phase proceedings. Andreas Mundt, President of (...)

The French Competition Authority unconditionally clears a takeover of 72 outlets by two luxury jewellery brands from their competitor’s 120 outlets (Altesse / Thom / Agatha)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
The Autorité clears the takeover of Agatha stores by Altesse (Les Georgettes, Saunier) and Thom (Histoire d’Or, Marc Orian, Trésor)* Altesse and Thom, the first of which owns "Les Georgettes" and "Saunier" and the second of which owns "Histoire d’Or", "Marc Orian" and "Trésor", notified the (...)

The Russian Competition Authority publishes its merger review guidelines with explanations of substantive and procedural issues from notification to remedies
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visites
FAS explained application of antimonopoly law in control over economic concentration* Presidium of the FAS Russia provided answers to key substantive and procedural issues of M&A control based on extensive practice and modern approaches developed within the framework of law enforcement (...)

The Lithuanian Competition Authority refuses to clear the acquisition of sole control of a TV and internet service provider by its competitor despite the commitment offered by the merging parties (Cgates / Splius)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20206 visits
CGATES does not get permission to acquire its competitor Splius* The Lithuanian competition authority Konkurencijos taryba refused to clear the acquisition of 100 per cent of the shares and sole control of SPLIUS by Cgates. On 11 December 2020, Konkurencijos taryba received a merger (...)

The Indian Competition Authority approves an acquisition in the manufacturing and sales of beer (Heineken / United Breweries)
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 16436 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20471 visits
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The CCI cleared the acquisition by Heineken International B.V. (Heineken) of control of United Breweries Limited (UBL). The proposed transaction involved the acquisition of a shareholding of up to 16.4% in addition to the existing 46.53%, resulting in a move from joint to sole control. In its (...)

The Dutch Competition Authority conducts further investigations into whether the acquisition of a healthcare clinic could lead to higher prices for health insurers (Mauritskliniek / Bergman)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 35137 visites
Further investigation needed into the acquisition of Mauritskliniek by Bergman Clinics* The Netherlands Authority for Consumers and Markets (ACM) has not yet cleared the acquisition of health care provider Mauritskliniek by rival provider Bergman Clinics. ACM wishes to conduct a further (...)

The Australian Competition Authority does not oppose the proposed merger between two major information brokers (Dye & Durham / GlobalX)
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82519 visites
Dye & Durham’s acquisition of GlobalX not opposed* The ACCC will not oppose the proposed acquisition of GlobalX Information Pty Ltd (GlobalX) by Dye & Durham Corporation (Dye & Durham), finding the transaction will not substantially lessen competition. Dye & Durham and (...)

The US DoJ sues to prohibit the merger between two insurance companies (Aon / Willis Tower Watson)
US Department of Justice (Washington)
United States 176 contributions 74890 visits
Justice Department Sues to Block Aon’s Acquisition of Willis Towers Watson* Acquisition Would Create Broking Behemoth and Eliminate Competition Between Two of the “Big Three” Insurance Brokers The U.S. Department of Justice filed a civil antitrust lawsuit today to block Aon’s $30 billion (...)

The Japanese Competition Authority receives the notification pursuant to the provision of concerning the proposed acquisition of shares of a technology company and reviews possible impacts on competition from the proposed acquisition of shares (Siltronic)
Japan Fair Trade Commission (Tokyo)
Japan 133 contributions 23955 visits
The JFTC Opens Secondary Review Concerning the Proposed Acquisition of Shares of Siltronic AG by Global Wafers GmbH and Seeks Comments from Third Parties* The Japan Fair Trade Commission (JFTC) received the notification pursuant to the provision of the Antimonopoly Act (AMA) from Global (...)

The Finnish Competition Authority publishes a study demonstrating that expanding the obligation to notify mergers would create significant consumer benefit
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12572 visites
FCCA study: Expanding the obligation to notify mergers would create significant consumer benefit* Study by the Finnish Competition and Consumer Authority shows that the current national turnover thresholds allow harmful merges to escape the scrutiny of the authority. The study shows that the (...)

The Finnish Competition Authority calls for lowering turnover thresholds for merger notification and discretionary power to order below-threshold notifications
Dittmar & Indrenius (Helsinki)
Finlande 4 contributions 1226 visites
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Hannes Snellman (Helsinki)
Finland 23 contributions 3019 visits
According to the Finnish Competition and Consumer Authority (“FCCA”), the current national turnover thresholds allow harmful merges to escape scrutiny by the authority. The FCCA suggests that Finnish turnover thresholds be lowered and that the authority be granted the right to require a (...)

The German Competition Authority clears a TV company’s takeover of remaining stocks in a children’s channel (RTL / SuperRTL)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Bundeskartellamt clears merger between RTL and SuperRTL* The Bundeskartellamt has today cleared the merger between Bertelsmann SE & Co. KGaA (RTL Group) and RTL Disney Fernsehen GmbH & Co. KG (SuperRTL) in the first phase of merger control. RTL already holds 50% of the shares in the (...)

The Australian Competition Authority clears a merger between two wholesale food distributors (Woolworths / PFD)
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82519 visites
ACCC will not oppose Woolworths acquiring 65% share of PFD* The ACCC will not oppose Woolworths’ (ASX: WOW) acquisition of 65 per cent of the shares in wholesale food distributor PFD Food Services, following a detailed investigation that found the transaction is not likely to substantially (...)

The French Competition Authority receives notice that a cooperative hypermarket chain is withdrawing from the intended joint takeover of a food store chain in Martinique (La Batelière / E. Leclerc)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
Takeover of the La Batelière hypermaket at La Martinique: Leclerc withdraws from the transaction* On 10 April 2020, the Autorité de la concurrence received a notification regarding the acquisition of a business operating a predominantly food store located in Schoelcher (Martinique) by a (...)

The Polish Competition Authority approves the acquisition of a telecommunications infrastructure company by its competitor (Cellnex Poland / Polkomtel Infrastruktura)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21820 visites
Cellnex Poland with the authorisation of the President of UOKiK to take over Polkomtel Infrastruktura* President of the Office of Competition and Consumer Protection Tomasz Chróstny gave his consent for Cellnex Poland to take control over Polkomtel Infrastruktura. Entrepreneurs own the (...)

The Maltese Competition Authority determines that competition concerns have been resolved following a supermarket’s abandonment of planned acquisitions of sites (Lidl / Said Investments / Scotts)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 14 contributions 853 visits
Office for Competition | Decision* The Office for Competition has decided that following the abandonment of the original proposed concentration as contained in the notification and the submission of a modified agreement duly signed on 10 May 2021, whereby the parties have terminated the (...)

The New Zealand Competition Authority clears the merger between two bagged concrete and mortar products manufacturers (Concrete Group / Drymix)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23785 visits
Concrete Group subsidiary cleared to acquire Drymix* The Commerce Commission has granted clearance to Dunlop Drymix Limited, a subsidiary of the Concrete Group Limited, to acquire the assets and business of six companies that collectively trade in New Zealand as Drymix. Each of the Drymix (...)

The Norwegian Competition Authority fines an energy company for breach of disclosure requirements regarding its acquisition of a petrol station belonging to a competing chain (St1 Norge)
Norwegian Competition Authority (Bergen)
Norvège 32 contributions 3948 visites
The Norwegian Competition Authority imposes a fine of NOK 3 million on St1 Norge AS* The Norwegian Competition Authority has today imposed a fine of NOK 3 million on St1 Norge AS for breach of disclosure requirements when it took control over a petrol station belonging to a competing chain. (...)

The German Competition Authority clears a merger between cardio-surgical and cardio-logical services (Charité / Deutsches Herzzentrum Berlin)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Bundeskartellamt clears merger between Charité and Deutsches Herzzentrum Berlin* The Bundeskartellamt has cleared plans to merge the cardiosurgical and cardiological services of the Charité and Deutsches Herzzentrum Berlin, allowing for the establishment of the heart centre “Deutsches (...)

The Austrian Competition Authority fines a Big Tech company for gun jumping (Facebook / Giphy)
Austrian Competition Authority (Vienna)
Autriche 63 contributions 7225 visites
Austrian Federal Competition Authority files application to fine Facebook for failing to notify GIPHY acquisition* Facebook cooperates with the AFCA in the course of an amicable conclusion of proceedings and accepts the fine of EUR 9.6 million requested by the AFCA. Background In the (...)

The Indian Competition Authority clears an acquisition transaction between two educational services companies (Think and Learn / Aakash)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20471 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
…
The CCI cleared the acquisition by Think & Learn Private Limited (BYJU’S) of sole control over Aakash Educational Services Limited (AESL). This was the first transaction where the CCI assessed overlaps in the education sector (specifically, the online education sector). In its (...)

The UK Competition Authority finds in its reassessment that the merger between two financial advice companies raises competition concerns (FNZ / GBST)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
Reassessment of FNZ/GBST deal confirms competition concerns* The CMA has found that the purchase of GBST by rival FNZ could lead to poorer service and higher prices following a careful reassessment of the deal. The Competition and Markets Authority (CMA) reassessed the deal, following its (...)

The French Competition Authority clears the merger between two health establishment operating groups (C2s / Elsan)
Autorité de la concurrence (Paris)
France 743 contributions 395405 visites
The Autorité de la concurrence clears the takeover of C2s clinics by the Elsan group* Following the referral decision of the European Commission on 12 April 2021, the Elsan group notified the Autorité of its plan to take exclusive control of the C2S clinics on 30 April 2021. Parties to the (...)

The South African Competition Authority prohibits a merger purely on public interest grounds in the fast food market (Burger King)
Linklaters (London)
Royaume-Uni 7 contributions 4075 visites
Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds* The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (...)

The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King)
Linklaters (London)
Royaume-Uni 7 contributions 4075 visites
Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds* The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (...)

The US DoJ requires substantial divestitures in the merger between a grain company and a Japanese association of agricultural cooperatives to protect American farmers (Zen-Noh / Bunge)
US Department of Justice (Washington)
United States 176 contributions 74890 visits
Justice Department Requires Substantial Divestitures in Zen-Noh Acquisition of Grain Elevators from Bunge to Protect American Farmers* Zen-Noh Must Divest Nine Grain Elevators so that Farmers Along the Mississippi River and Its Tributaries Continue to Have the Same Number of Options to Sell (...)

State Aid

 The UK Government announces its draft setting out the framework for how the nation will subsidize businesses post-Brexit
Covington & Burling (London)
Royaume-Uni 16 contributions 3949 visites
The UK’s post-Brexit Subsidy Control regime — what to expect* What is happening and why? On 30 June, the UK Government announced its draft Subsidy Control Bill (the “Bill”) which sets out the framework for how the UK will subsidise businesses post-Brexit. The UK government has hailed the (...)

The UK Government publishes its long-awaited Subsidy Control Bill
Herbert Smith Freehills (London)
Royaume-Uni 9 contributions 1509 visites
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Herbert Smith Freehills (London)
Royaume-Uni 15 contributions 5473 visites
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Herbert Smith Freehills (Brussels)
Belgique 3 contributions 800 visites
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On 30 June 2021, the UK Government published its much-awaited Subsidy Control Bill. In this update, we explore the key aspects of the proposed UK subsidy control regime. We conclude with five key takeaways. Overview of the UK regime The Subsidy Control Bill establishes a UK subsidy (...)

The EU Commission authorises the regulatory mechanism for the storage of natural gas in France
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: the Commission authorises the regulatory mechanism for the storage of natural gas in France* The European Commission has concluded that the regulatory mechanism for the storage of natural gas implemented by France since 2017 complies with EU rules on State aid. The measure will (...)

The EU Commission approves the Austrian network reserve for ensuring the security of the electricity supply
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves Austrian network reserve for ensuring security of electricity supply* The European Commission has approved, under EU State aid rules, Austrian plans to establish a network reserve for the Austrian electricity market. The temporary measure will be in force until (...)

The EFTA Surveillance Authority approves prolongation of Norwegian support scheme for businesses due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 140 contributions 27994 visites
COVID-19 pandemic: ESA approves prolongation of Norwegian support scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the prolongation of a Norwegian guarantee scheme that will help ensure access to credit for businesses facing an acute shortage of liquidity due (...)

The EU Commission approves a Greek public support scheme worth €166.7M for the construction of a LNG terminal in Alexandroupolis
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €166.7 million Greek public support for construction of LNG terminal in Alexandroupolis* The European Commission has approved, under EU State aid rules, a €166.7 million Greek support measure for the construction of a new liquid natural gas (“LNG”) terminal in (...)

The EU Commission approves a Polish scheme to compensate large companies for damages suffered due to the COVID-19 pandemic and provide liquidity support
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves a Polish scheme to compensate large companies for damages suffered due to coronavirus outbreak and provide liquidity support* The European Commission has approved, under EU State aid rules, a Polish scheme to partially compensate large companies for the damages (...)

The EU Commission clears public support for several ferry services in Italy but finds other measures to be incompatible with State aid rules (Siremar / Società Navigazione Siciliana)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission clears public support for several ferry services in Italy; finds other measures to Siremar and SNS to be incompatible aid* The European Commission has concluded that the public service compensation granted since 2009 to Sicilia Regionale Marittima S.p.A. (‘Siremar’) and (...)

The EFTA Surveillance Authority approves the prolongation of a Norwegian State aid scheme for sporting events of national importance amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 140 contributions 27994 visites
COVID-19 pandemic: ESA approves prolongation of Norwegian aid scheme for sporting events of national importance* The EFTA Surveillance Authority (ESA) has today approved a prolongation until 31 October 2021 of a scheme providing support to sporting events affected by the ongoing COVID-19 (...)

The EFTA Surveillance Authority approves a prolongation of a production grant scheme for news and current affairs media in Norway
EFTA Surveillance Authority (Brussels)
Belgique 140 contributions 27994 visites
ESA approves prolonging support to news and current affairs media in Norway* The EFTA Surveillance Authority (ESA) today approves a prolongation of a production grant scheme for media in Norway, until the end of 2022. The production grant scheme for media is an important part of Norway’s (...)

The EU Commission confirms that Spain needs to recover incompatible aid from certain digital terrestrial operators
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission confirms that Spain needs to recover incompatible aid from certain digital terrestrial operators* The Commission has concluded that the aid received by terrestrial operators for the digitisation and extension of the terrestrial television network in remote areas of (...)

The EU General Court rules that an exemption from a fine does not amount to State aid when the relevant legislation defines the circumstances for the exemption according to transparent and pre-determined criteria (Dansk Erhverv)
Maastricht University
Belgium 353 contributions 64277 visits
When Do Legal Exemptions Constitute State Aid?* Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not to receive State aid it is simply because the exemption does not (...)

The EU General Court annuls the Commission’s decision which found that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid (Dansk Erhverv)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29745 visits
The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid* The Commission was not in a position to overcome, at the preliminary stage, all (...)

The EU General Court annuls the Commission’s decision approving the State aid granted by Germany to an airline company on the grounds of an inadequate statement of reasons (Condor Flugdienst)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29745 visits
The General Court annuls the Commission decision approving the State aid granted by Germany to the airline Condor Flugdienst on the grounds of an inadequate statement of reasons* However, because of the economic and social context marked by the Covid-19 pandemic, it suspends the effects of (...)

The EU Commission approves €800 million Italian scheme to support companies in context of the coronavirus outbreak, as well as development and production of COVID-19-relevant products
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €800 million Italian scheme to support companies in context of coronavirus outbreak, as well as development and production of coronavirus-relevant products* The European Commission has approved a €800 million Italian scheme to support companies affected by the (...)

The EU Commission invites interested parties to provide comments on a proposed draft for climate, energy, and environmental State aid guidelines
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission invites interested parties to provide comments on proposed draft Climate, Energy and Environmental State aid Guidelines* The European Commission has launched today a targeted public consultation inviting all interested parties to comment on the proposed revision of the (...)

The EU Commission publishes its draft on the climate, energy and environmental aid guidelines
European Commission - DG COMP (Brussels)
Belgique 3 contributions 246 visites
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Oxera (Brussels)
Belgique 13 contributions 13216 visites
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Oxera (London)
Royaume-Uni 1 contribution 141 visites
On 7 June, the European Commission published its draft climate, energy and environmental aid guidelines (CEEAG). More comprehensive than the previous version, these guidelines cover new technologies (such as hydrogen) and state aid for the phasing out of coal. We explore the role of economic (...)

The EU Commission approves €800 million State aid scheme for Greece in order to support the tourism sector in the context of COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves €800 million Greek scheme to support tourism sector in context of coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €800 million Greek scheme to support companies active in tourism affected by the coronavirus outbreak. The (...)

Procedures

 The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52727 visites
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Van Bael & Bellis (Brussels)
Belgique 41 contributions 11108 visites
On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la (...)

The EU Court of Justice orders removal of a request for a preliminary ruling by the Regional Court of Dusseldorf regarding the licensing of standard essential patents in multi-layered supply chains (Nokia / Daimler)
Van Bael & Bellis (Brussels)
Belgique 24 contributions 4827 visites
On 24 June 2021, the Court of Justice of the European Union (“ECJ”) ordered the removal of a request for a preliminary ruling lodged by the Regional Court of Düsseldorf on 23 March 2021 in Case C-182/21, Nokia Technologies Oy v. Daimler AG. The questions arose in a dispute between Nokia and (...)

The EU Commission carries out its first dawn raid since the COVID-19 pandemic started at the German premises of a company active in the clothing sector
Herbert Smith Freehills (Brussels)
Belgique 44 contributions 17674 visites
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Herbert Smith Freehills (Brussels)
Belgique 16 contributions 5097 visites
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Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71788 visites
On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by (...)

The Milan Court of Appeal rules on the probatory value of the Competition Authority’s findings in follow-on actions for damages (Vodafone)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5279 visits
On 18 June 2021, the Court of Appeal of Milan issued a judgment in a damages action initiated against telecommunications provider Vodafone. This case stemmed from an investigation carried out by the Italian competition authority (“ICA”) into an abusive margin squeeze by Vodafone on the market (...)

The French Competition Authority opens a public consultation for the revision of its notice on fines following the transposition of the ECN+ Directive
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence opens a public consultation for the revision of its Notice on Fines following the transposition of the ECN + directive* The update of the 2011 Notice on Fines The entry into force of ordinance n° 2021-649 of 26 May 2021 relating to the transposition of (...)

The EU Court of Justice dismisses an appellant’s plea to adjust its ranking in a leniency process and to receive partial immunity for its participation in a car battery recycling cartel (Recylex)
Covington & Burling (Brussels)
Belgique 49 contributions 17714 visites
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Covington & Burling (Brussels)
Belgique 6 contributions 1193 visites
On 3 June 2021, the European Court of Justice (“ECJ”) in case C-563/19 P Recylex v Commission dismissed Recylex’ appeal both to adjust its ranking in the leniency process and to receive partial immunity for parts of its participation in the Car Battery Recycling cartel. The judgment, on (...)

The EU Court of Justice clarifies conditions for the granting of partial immunity under the 2006 Leniency Notice (Recylex)
European Commission - DG COMP (Brussels)
Belgique 15 contributions 3354 visites
In a judgment delivered on 3 June 2021, the European Court of Justice (the “ECJ”) dismissed the appeal brought by Recylex against the judgment of the General Court which had upheld the European Commission’s (“Commission”) decision finding it and three other companies to have infringed Article (...)

The EU Court of Justice AG Tanchev proposes to grant unfettered discretion to the Commission to disregard third parties’ submissions in State aid cases (Tempus)
ClientEarth (Brussels)
Belgique 2 contributions 1668 visites
How to grant unfettered discretion to the Commission to disregard third parties’ submissions in State aid cases – AG Tanchev Opinion of 3 June 2021 in Tempus* We knew that third parties’ rights in State aid assessment procedures are virtually non-existent – as has been deplored for many (...)

Regulatory

 The UK Government publishes its Subsidy Control Bill following Brexit
Hogan Lovells (London)
Royaume-Uni 2 contributions 313 visites
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Covington & Burling (London)
Royaume-Uni 19 contributions 11601 visites
The UK Government has been busy adding flesh to the bare bones of the domestic subsidy control regime that has been in place since the start of 2021 following the signing of the EU/UK Trade and Cooperation Agreement (TCA). The Subsidy Control Bill introduced before Parliament on 30 June (...)

The US FTC signals important changes from prior agency policy, paving the way for expanded antitrust enforcement and regulation
Jones Day (Washington)
United States 20 contributions 3909 visits
In Short The Situation: The Federal Trade Commission ("FTC"), which now has a 3-2 Democrat majority, held its first Commission meeting since President Biden appointed a new Chair, Lina M. Khan. The Commissioners voted on a number of measures that signal important changes from prior agency (...)

The Mexican Federal Judicial Power recognizes the Competition Authority’s competence over the markets of online search services, social networks and cloud computing
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
The Federal Judiciary Power resolves that COFECE is the competent authority over the markets for online search services, social networks and cloud computing* The Federal Economic Competition Commission (COFECE or Commission) learnt, through a live broadcast of the session of the First (...)

The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector
Van Bael & Bellis (Brussels)
Belgique 56 contributions 24680 visites
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25469 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52727 visites
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On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. (...)

The Dutch Competition Authority publishes guidelines on competition rules for IT suppliers in healthcare to counter "vendor lock-in"
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 35137 visites
ACM to draw up guidelines regarding competition rules in order to mitigate ‘vendor lock-in’ in health care IT* The Netherlands Authority for Consumers and Markets (ACM) will draw up guidelines that will clarify the competition rules for IT suppliers in health care. ACM has found that, in (...)

The UK Competition Authority publishes a consultation document setting out the proposals on the future treatment of vertical agreements
Bird & Bird (London)
Royaume-Uni 19 contributions 3441 visites
The long-awaited consultation document setting out the CMA’s proposals on the future treatment of vertical (supply chain) agreements in the UK is finally out. As expected, the CMA will recommend that the rules inherited from the EU following Brexit will be replaced, on their expiry in 2022, (...)

The UK Competition Authority consults on proposals for a vertical agreement block exemption order
Van Bael & Bellis (London)
United Kingdom 11 contributions 2032 visits
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Van Bael & Bellis (London)
United Kingdom 16 contributions 3490 visits
Introduction On 17 June 2021, the UK’s Competition and Markets Authority (“CMA”) published an eagerly anticipated consultation document outlining its proposed recommendations to the Secretary of State (i.e., the relevant government minister) on the future of the retained vertical agreements (...)

The Belgian Government approves a draft bill that will implement the Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Van Bael & Bellis (Brussels)
Belgique 41 contributions 11108 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52727 visites
On Friday 4 June 2021, the Federal Council of Ministers (Ministerraad / Conseil des Ministres) approved a draft bill that will implement Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The bill is now being (...)

The Russian Competition Authority regulates tariffs for all major fuel-filling companies operating at airports
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
FAS will regulate tariffs for all major fuel filling companies operating at airports* Such a measure will create conditions for competition in the aviation fuel supply market, exclude an unreasonable increase in tariffs for refueling aircraft and storing aviation fuel, and will also have a (...)