March 2020

General antitrust

 The Mexican Competition Authority issues hollow guidance on the application of the Mexican antitrust statute during the COVID-19 pandemic
White & Case (Mexico)
Mexique 2 contributions 499 visites
,
White & Case (Mexico)
Mexique 2 contributions 499 visites
,
White & Case (Mexico)
Mexique 2 contributions 499 visites
On March 27, the Mexican Antitrust Commission (“COFECE”) issued a statement regarding the application of the Mexican Antitrust Statute during the coronavirus pandemic (“Statement”). Summary of the Statement With the Statement, COFECE attempted to provide guidance on the following practices (...)

The Hong Kong Competition Authority publishes a statement on the application of the Competition Ordinance during the COVID-19 crisis
Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 4071 visites
,
Willkie Farr & Gallagher (London)
Royaume-Uni 1 contribution 192 visites
Hong Kong competition regulator issues COVID-19 guidance and takes ‘textbook’ case to court* On 27 March 2020, the Commission issued a statement (PDF) on the application of the Competition Ordinance during the COVID-19 outbreak. The statement covers four key issues: First, it recognises (...)

The Australian Competition Authority announces a re-focus of its 2020 compliance and enforcement priorities in response to the COVID-19 pandemic
Bird & Bird (Sydney)
Australie 2 contributions 264 visites
,
IAG (Sydney)
Australie 1 contribution 187 visites
,
Bird & Bird (Sydney)
Australia 21 contributions 2418 visits
…
Due to the rapidly changing global landscape, the Australian Competition and Consumer Commission announced on 27 March 2020 a "re-focus" of its 2020 Compliance and Enforcement Priorities in response to the COVID-19 pandemic. While it has not explicitly revoked its existing priorities, which we (...)

The Vietnam Government passes a decree guiding the implementation of a few provisions under the competition law
Baker McKenzie (Hô Chi Minh-Ville)
Viêt Nam 4 contributions 440 visites
,
Baker McKenzie (Hô Chi Minh-Ville)
Viêt Nam 1 contribution 86 visites
,
Sea (Hanoi)
Viêt Nam 1 contribution 86 visites
Over a year after the passage of the Competition Law, the highly anticipated Decree No. 35/2020/ND-CP on detailed regulations of a few provisions of the Competition Law ("Decree 35") was finally passed by the Vietnam Government on 24 March 2020. Decree 35 will take effect on 15 May 2020. (...)

The UK Competition Authority issues its annual plan for 2020/2021 which aims to give clarity to the Competition Authority’s objectives for the next year and clarifies its position during the social and economic turmoil caused by the COVID-19 outbreak
Hogan Lovells (London)
Royaume-Uni 17 contributions 3168 visites
,
Covington & Burling (London)
Royaume-Uni 19 contributions 11597 visites
The UK Competition and Markets Authority ("CMA") recently issued its Annual Plan for 2020/2021, which aims to give clarity to the CMA’s objectives for the next year. The report acknowledges that its publication comes out at a time of massive social and economic turmoil caused by the COVID-19 (...)

The Irish Government recognizes that contracting authorities need support and assistance concerning public procurement as a consequence of the COVID-19 outbreak
McCann FitzGerald (Brussels)
Belgique 1 contribution 258 visites
,
McCann FitzGerald (Dublin)
Irlande 1 contribution 258 visites
,
McCann FitzGerald (Dublin)
Irlande 1 contribution 258 visites
…
COVID-19 has led to unprecedented limitations on economic and other activity within Ireland and around the world. Each contracting authority should consider the associated risks to their procurements whether planned or on-going, and determine how to proceed. This short paper outlines the (...)

The South African Minister of Trade and Industry issues regulations to curb the spread of panic buying and price hikes amidst COVID-19 fears
Fasken (Johannesburg)
Afrique du Sud 2 contributions 554 visites
South African President, Cyril Ramaphosa declared a National State of Disaster on 15 March 2020 in a proactive attempt to curb the spread of COVID-19. In line with this proactive response to the global pandemic, on Thursday 19 March 2020 the Minister of Trade and Industry (the "Minister"), (...)

The Caledonian Competition Authority announces pursue competition law enforcement in the context of Covid-19 pandemic
University of Perpignan
France 38 contributions 30432 visites
I) Introduction The coronavirus pandemic has and will have a huge impact on our economy. Undoubtedly, we face the worst crisis in our recent history. A major consequence is serious financial distress for a myriad of undertakings. A phenomenal number of companies are already close to (...)

The UK Competition Authority issues a statement which stipulates that the UK government will suspend elements of its antitrust laws and will refocuses enforcement in response to COVID-19
Cleary Gottlieb Steen & Hamilton (London)
Belgique 32 contributions 37739 visites
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39303 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8330 visits
…
The UK Government, the Competition and Markets Authority (“CMA”) and sectoral regulators are taking measures to respond to COVID-19, including suspending certain elements of competition law to allow competing suppliers of essential products and services to work together, while monitoring (...)

The Romanian Competition Authority sets down guidelines on business practices for companies during the COVID-19 pandemic
CMS Cameron McKenna (Bucharest)
Roumanie 1 contribution 231 visites
,
CMS Cameron McKenna (Bucharest)
Roumanie 1 contribution 231 visites
,
CMS Cameron McKenna (Bucharest)
Roumanie 1 contribution 231 visites
The Romanian Competition Council (RCC) has just set down guidelines on business practices for companies during the COVID-19 pandemic. While the competition watchdog acknowledges that companies should take certain protective measures to prevent the spread of the coronavirus (e.g. reduce (...)

The UK Government issues guidance on using public procurement policy to respond to the COVID-19 emergency circumstances
University of Bristol - Law School
Royaume-Uni 92 contributions 25322 visites
EXTREME EMERGENCY PROCUREMENT AND COVID-19 — RE TODAY’S UK GUIDANCE* The UK Government has issued guidance on using public procurement to respond to the COVID-19 emergency earlier today (see PPN 1/20). This follows other EU countries’ introduction of emergency legislation and guidance on the (...)

The UK Government publishes a procurement policy note in response to the COVID-19 impact on the supply of goods, services, and works to the public sector
Bird & Bird (London)
Royaume-Uni 1 contribution 300 visites
,
Bird & Bird (London)
Royaume-Uni 1 contribution 300 visites
,
Bird & Bird (London)
Royaume-Uni 1 contribution 300 visites
Clearly the spread of COVID-19 and the measures imposed by the Government will have a significant impact on the supply of goods, services and works to the public sector. Supplies and services may be required urgently and/or existing procurement processes may be delayed to accommodate issues (...)

The UK Government publishes a procurement policy note which sets out guidelines to contracting authorities on responding to the impact of COVID-19 when carrying out regulated procurement activities
Ashurst (London)
United Kingdom 14 contributions 2459 visits
,
Ashurst (London)
United Kingdom 21 contributions 4294 visits
Introduction In the light of the global outbreak of Covid-19, contracting authorities will need to procure goods, services and works in truly exceptional circumstances and, potentially, their requirements will be extremely urgent. Therefore, contracting authorities may have legitimate (...)

The Italian Competition Authority criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the national health service
Portolano Cavallo (Milan)
Italy 63 contributions 9804 visits
The Italian Competition Authority once again criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the NHS The Italian Competition Authority (AGCM or ICA) with letter dated 10 March 2020 sent to the (...)

The Hellenic Competition Authority protects healthy competition in the market, consumers’ interests and economic growth during the COVID-19 outbreak
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2260 visites
,
Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 925 visites
On 7th of March 2020 the Hellenic Competition Commission (HCC) issued a Press Release highlighting that the Authority will protect healthy competition in the market, consumers’ interests and economic growth during the COVID-19 pandemic. Potential intent to increase or maintain companies’ (...)

The Italian Competition Authority confirms that pre-existing antitrust compliance programs have to play an effective role against the infringements in order to result in a reduction of fines (Telecom Italia)
Portolano Cavallo (Milan)
Italy 36 contributions 6804 visits
,
Portolano Cavallo (Milan)
Italy 63 contributions 9804 visits
Last decisions adopted at the beginning of 2020 by the Italian Competition Authority (AGCM or ICA; see cases I820 – Fatturazione mensile con rimodulazione tariffaria and A514 – Condotte fibra Telecom Italia ) confirm that the ICA pays utmost attention on the application of the criteria laid (...)

Anticompetitive practices

 The Mexican Competition Authority warns the national association of real estate developers to avoid possible agreements between competitors during the COVID-19 pandemic (ADI Mexico)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
COFECE warns the National Association of Real Estate Developers to avoid possible agreements between competitors in this market* The Association has promoted among its members the granting of discounts to tenants, which could infringe the LFCE if these discounts are established or fixed (...)

The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com) Free
Hogan Lovells (Hong Kong)
Hong Kong 5 contributions 1385 visites
,
Hogan Lovells (Beijing)
China 81 contributions 19791 visits
,
Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 1232 visites
…
On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation (...)

The Bulgarian Competition Authority announces it will focus on allowing and monitoring collaborations among competitors in the markets for public health products and pharmaceuticals as well as food and commerce important for fighting the COVID-19 pandemic
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2811 visits
Message by the CPC on the application of antitrust rules in the state of emergency situation concerning COVID-19* The Commission for protection of competition supports the joint position of the European Commission and the national competition authorities within the European Competition (...)

The Hellenic Competition Authority publishes a decision regarding a sector inquiry into e-commerce
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2260 visites
On March 31st, 2020, the Hellenic Competition Commission (“HCC”) published its decision of 11.03.2020 to initiate a sector inquiry into e-commerce, exercising its competency under Article 40 of Law 3959/2011. The HCC was prompted both by the increasing importance of e-commerce for consumer (...)

The Italian Competition Authority launches an investigation and opens sub-proceedings to potentially order interim measures against two companies providing products for the prevention of contagion of COVID-19 to consumers residing in Europe (ContextLogic / Wish)
Italian Competition Authority (Rome)
Italy 69 contributions 18331 visits
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

The Mexican Competition Authority warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices may be caused by anticompetitive agreements between economic agents which is especially problematic with increased demand for pure alcohol products by healthcare providers during the COVID-19 pandemic
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
COFECE warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices, alcohol products and other inputs for its production, may be caused by agreements between economic agents* Prices established by each producer of alcohol and the inputs required for its (...)

The Lithuanian Competition Authority invites competing businesses planning to cooperate during the COVID-19 pandemic to contact the Authority and the EU Commission for guidance about their cooperation intentions
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20134 visits
European Commission and EU competition authorities encourage companies to seek guidance on cooperation initiatives* Businesses are currently facing particular challenges due to the coronavirus crisis, which may encourage companies to cooperate with each other in order to overcome the (...)

The UK Government publishes an order that excludes certain arrangements in the healthcare sector from the Competition Act to tackle COVID-19 pressures
Hill Dickinson (Leeds)
Royaume-Uni 1 contribution 221 visites
,
Hill Dickinson (London)
Royaume-Uni 1 contribution 221 visites
,
Hill Dickinson (Leeds)
Royaume-Uni 1 contribution 221 visites
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures* To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)

The German Competition Authority fines technical building service providers for bid-rigging (Caverion Deutschland)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Bundeskartellamt / Cartel prosecution* Bundeskartellamt finalized fines proceedings against providers of technical building services Bonn, 27 March 2020: In December 2019 the Bundeskartellamt has finalised the fines proceedings against eleven technical building service providers. The (...)

The UK Secretary of State announces temporary competition law arrangements in the groceries sector
RPC (London)
Royaume-Uni 1 contribution 159 visites
,
Quinn Emanuel Urquhart & Sullivan (London)
Royaume-Uni 1 contribution 159 visites
COVID-19 - The Groceries Sector: Temporary Competition Law Exemption Comes into Force* In light of "exceptional and compelling reasons of public policy" arising from the Covid-19 pandemic, the Secretary of State (the "SoS") has announced temporary competition law arrangements in the (...)

The UK Government temporarily suspends competition law to allow ferry operators to the Isle of Wight to cooperate on routes and flow of goods during the COVID-19 outbreak
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Government to suspend competition law to support Isle of Wight ferry routes* Competition law to be temporarily suspended to allow ferry operators to maintain a crucial lifeline between the island and the mainland. Business Secretary to waive competition law for vital Isle of Wight crossings (...)

The French Supreme Administrative Court confirms that a damages claim arising from a cartel in the market for road-signalling is not time-barred (Signalisation France)
Herbert Smith Freehills (Paris)
France 56 contributions 12568 visits
Brief summary of facts In 2010, the FCA fined eight companies active in the road signalling sector for bid rigging and market sharing. Several local communities sought compensation for the overcharge paid as a result of the practices before administrative courts. Brief summary of judgment (...)

The German Competition Authority finalises fines totalling €110 million on eleven providers of technical building services for collusion in the award of major contracts (Caverion / Elektrotherm / Landshut / Engie / Cologne / Ferrostaal Air Technolgy / Saarwellingen / Stuttgart...)
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2516 visites
,
Bird & Bird (Dusseldorf)
Germany 12 contributions 2011 visits
In December 2019 the Federal Cartel Office (“FCO”) imposed fines totalling EUR 110 million on eleven providers of technical building services for collusion in the award of major contracts. The proceedings were initiated in November 2014 following a leniency application. The leniency (...)

The Italian Competition Authority takes actions to counteract unfair commercial practices exploiting the COVID-19 pandemic
Portolano Cavallo (Milan)
Italie 1 contribution 72 visites
,
Portolano Cavallo (Milan)
Italy 63 contributions 9804 visits
,
Portolano Cavallo (Milan)
Italie 6 contributions 642 visites
The fact that the Italian Competition Authority (“AGCM”) has taken vigorous action to counteract unfair commercial practices exploiting the COVID-19 pandemic is well known and has already been commented upon. Nonetheless, two specific decisions—Oxystore (PS11732) and Tigershop (...)

The Lithuanian Competition Authority closes its investigation into the alleged anti-competitive agreement among companies engaged in the production and sales of construction, repair, and household goods (Tikkurila / Kesko Senukai / Ermitažas / DAW Lietuva / Topcolor)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20134 visits
KONKURENCIJOS TARYBA HASN’T SPOTTED ANTI-COMPETITIVE AGREEMENTS BETWEEN CONSTRUCTION, REPAIR AND HOUSEHOLD PRODUCT MANUFACTURERS AND SELLERS* Konkurencijos taryba has terminated investigation into the alleged anti-competitive agreement among 7 Lithuanian and Latvian companies engaged in the (...)

The Turkish Competition Authority imposes a fine on a manufacturer and seller of heating systems for vertically restraining its distributors’ freedom in the market through distribution agreements (Baymak)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75780 visites
Introduction The Turkish Competition Board’s (“Board”) recent decision dated 26.03.2020 numbered 20-16/232-113 regarding Baymak Makina San. ve Tic. A.Ş. (“Baymak”) holds significant importance as it contains a detailed analysis regarding numerous vertical restraint types. Background (...)

The Turkish Competition Authority imposes administrative fines on a manufacturer and distributor of heating systems for engaging in vertical restraints (Baymak)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81103 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4793 visits
This case summary concerns an analysis of the Board’s Baymak decision, which concerned an administrative monetary fine of TL 26,813,704.10 against Baymak Makina San. ve Tic. A.Ş. (“Baymak”) for the violation of Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) (...)

The Lithuanian Competition Authority ends its investigation into alleged anti-competitive agreement in the household manufacturing sector (Tikkurila, Tikkurila/Kesko Senukai Lithuania/Kesko Senukai Digital/ Ermitažas/DAW Lietuva/Topcolor)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20134 visits
KONKURENCIJOS TARYBA HASN’T SPOTTED ANTI-COMPETITIVE AGREEMENTS BETWEEN CONSTRUCTION, REPAIR AND HOUSEHOLD PRODUCT MANUFACTURERS AND SELLERS* Konkurencijos taryba has terminated investigation into the alleged anti-competitive agreement among 7 Lithuanian and Latvian companies engaged in the (...)

The Irish Competition Authority confirms that it will follow the European Competition Network’s joint statement on the application of competition law during the COVID-19 crisis
An Post (Dublin)
10 contributions 743 visites
,
Matheson (Dublin)
Irlande 13 contributions 1404 visites
,
Matheson (Dublin)
Irlande 6 contributions 1341 visites
On 25 March 2020, in light of the ongoing Covid-19 pandemic, the Irish Competition and Consumer Protection Commission (“CCPC”) published the Joint statement by the European Competition Network (“ECN”) on the application of competition law during the Corona crisis (ECN Joint Statement) on its (...)

The UK Competition Authority publishes guidance on cooperation between businesses especially grocers during the COVID-19 crisis
Eunomia Research & Consulting (Bristol)
Royaume-Uni 1 contribution 399 visites
,
Bristows (London)
Royaume-Uni 2 contributions 666 visites
COVID-19: The UK Government’s temporary relaxation of competition law for grocers* On 19 March 2020, the UK Government announced that it would be temporarily waiving certain competition laws in order to allow grocers to coordinate their responses to supply issues during the COVID-19 (...)

The UK Competition Authority publishes guidance on forms of cooperation considered as temporarily permissible during the COVID-19 outbreak
Hogan Lovells (London)
Royaume-Uni 1 contribution 129 visites
,
Hogan Lovells (London)
Royaume-Uni 2 contributions 313 visites
,
Hogan Lovells (London)
Royaume-Uni 14 contributions 4492 visites
…
Competition/antitrust laws generally require rival firms to operate on the market independently of each other and tolerate cooperation between competitors only in limited circumstances where any resulting loss of competition is clearly offset by consumer benefits. But as businesses scramble to (...)

The UK Competition Authority lays its guidances of approach to business cooperation in response to COVID-19 outbreak
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Introduction The focus of the CMA in the next few months will be to protect UK consumers from the adverse consequences of the COVID-19 pandemic to the greatest extent possible. The CMA is conscious of concerns that competition law enforcement could impede necessary cooperation between (...)

The UK Competition Authority issues guidance on business cooperation during the COVID-19 outbreak
Morgan Lewis (London)
Royaume-Uni 26 contributions 9853 visites
,
Morgan Lewis (London)
Royaume-Uni 28 contributions 16338 visites
New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus (COVID-19) pandemic. However, the guidance also underscores that the UK (...)

The US DoJ and FTC issue a joint statement detailing antitrust procedures and providing guidance for collaborations of businesses that work to protect health and safety during the COVID-19 pandemic
Sheppard Mullin (Washington)
États-Unis 1 contribution 368 visites
On Tuesday, March 24, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a joint statement “detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 (...)

The US DoJ and FTC jointly announce an expedited process to review proposed competitor collaborations specifically related to COVID-19
Dechert (Washington)
United States 15 contributions 2500 visits
,
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 5 contributions 820 visites
Efforts to combat the COVID-19 pandemic or to respond to related supply shocks or other collateral consequences may give companies reason to collaborate with competitors in ways that could benefit the public, but which involve antitrust risk. In order to facilitate procompetitive (...)

The US DoJ and FTC announce their aim to respond within one week to COVID-19 collaborative proposals submitted following the agencies’ respective processes
Morgan Lewis (Washington)
États-Unis 9 contributions 11629 visites
The US Federal Trade Commission and the Antitrust Division of the US Department of Justice have announced that they aim to respond within one week to coronavirus (COVID-19) collaborative proposals submitted pursuant to the agencies’ respective processes. In a joint statement issued March 24, (...)

The Finnish Competition Authority announces it will not apply the Competition Act to cooperations between undertakings needed to ensure an adequate supply of goods to consumers during COVID-19 pandemic
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12562 visits
Exceptional circumstances caused by the coronavirus to affect the application of the Finnish Competition Act* The Finnish Competition and Consumer Authority (FCCA) will take into account the exceptional circumstances caused by the coronavirus when applying the Competition Act. During (...)

The Portuguese Competition Authority follows the European Competition Network and announces a tolerance policy for cooperation between undertakings during the COVID-19 crisis
Vieira de Almeida (Lisbon)
Portugal 9 contributions 774 visits
,
Vieira de Almeida (Lisbon)
Portugal 7 contributions 634 visits
Coronavirus | Portugal- Impact on the enforcement of competition law* Do national and EU rules on competition law remain in force, during the period of crisis caused by the COVID-19 outbreak? Competition law rules remain in force, there have been no national or EU legislative measure (...)

The French Competition Authority imposes fines totalling €462,000 on five moving companies operating in the French overseas territories for colluding in the provision of moving services to the French Army (AGS Réunion / Océan Indien / DEM Austral Transdem / T2M)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92597 visits
On 23 March 2020, the French Competition Authority (“FCA”) imposed fines totalling € 462,000 on five moving companies operating in the French overseas territory of Réunion for having colluded in the provision of moving services to the French army between Réunion and the French mainland. The (...)

The Danish Competition Authority reminds companies that competition law remains in force and will be enforced during the COVID-19 outbreak
Gorrissen Federspiel (Copenhagen)
Danemark 2 contributions 879 visites
,
Gorrissen Federspiel (Copenhagen)
Danemark 7 contributions 2540 visites
As the COVID-19 pandemic spreads across Denmark, merger control has come to a temporary standstill and significant parts of the country’s public administration have already been shut down for three weeks; however, the Danish competition authorities are adamant that competition law remains in (...)

The French Competition Authority fines five companies in La Réunion for engaging in concerted practices in the home removals market (AGS Réunion / DEM Austral / T2M / A.T. Océan Indien / Transdem)
French Competition Authority (Paris)
France 741 contributions 394629 visits
Home Removals: the Autorité de la concurrence fines five companies in La Réunion for engaging in concerted practices.* Background Following a report by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation, the Autorité hands out (...)

The New Zealand Government asks the Competition Authority to allow cooperation among businesses necessary to provide grocery products and other essential goods to consumers during the COVID-19 pandemic
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23654 visits
Government statement on commercial cooperation during COVID-19 The Government has asked the Commerce Commission to take account of the exceptional circumstances created by COVID-19 when monitoring business behaviour in coming weeks. “The purpose of my request to the Commerce Commission is (...)

The Australian Competition Authority allows banks to cooperate on a small business relief package in the face of the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82376 visits
Australian Banking Association small business relief package* The ACCC has provided urgent interim authorisation to allow the Australian Banking Association (ABA) and banks to work together to implement a small business relief package. The package will allow for the deferral of principal (...)

The Hong Kong Competition Authority takes textbook cartel case to Competition Tribunal for price-fixing during the COVID-19 pandemic (T.H. Lee Book Company / Commercial Press / Sino United Publishing / Mr. Hui)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11352 visits
Competition Commission takes Textbook cartel case to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against three companies, namely T.H. Lee Book Company Limited, Commercial Press (Hong Kong) Limited (...)

The German Competition Authority approves a joint sale of media rights of individual football matches by a central association (DFL - German Football League)
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2516 visites
,
Bird & Bird (Dusseldorf)
Germany 12 contributions 2011 visits
The Federal Cartel Office has approved the German Football League´s (“DFL”) marketing model for the transmission rights of the Bundesliga and Bundesliga 2 matches from the 2021/22 season onwards. DLF´s marketing model is based on the joint sale of media rights of individual football matches. (...)

The Australian Competition Authority provides interim authorization to allow the national banking association and banks to work together
Minter Ellison (Melbourne)
Australie 1 contribution 102 visites
,
Minter Ellison (Melbourne)
Australie 1 contribution 102 visites
There is no automatic ’public interest’ exemption to our competition law, although there are effective and timely mechanisms that can be used to ensure legal protection for business and their staff in implementing COVID-19 responses. Our team outlines key considerations and options for (...)

The Canadian Competition Authority is scrutinising competition law compliance and companies taking advantage of consumers by engaging in price fixing and misleading claims about products during the COVID-19 outbreak
Conzen O’Connor (Toronto)
23 contributions 5063 visits
,
Cassels Brock & Blackwell (Toronto)
Canada 2 contributions 417 visites
The Competition Bureau is watching for evidence of companies taking advantage of consumers by making false or misleading claims about a product’s ability to combat COVID-19 or engaging in price fixing, the Commissioner of Competition warned in a recent statement. The Commissioner added that (...)

The Turkish Competition Authority fines ready mix concrete producers for a cartel agreement (Coşkunlar / Irgatoğlu / Sorgun Emek / Tamer...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81103 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turquie 20 contributions 4466 visites
(1) Introduction The Turkish Competition Board’s (“ Board ”) Yozgat Ready Mixed Cement decision (“ Decision ”) was published on September 7, 2020. The Board concluded that certain ready mixed concrete producers operating in Yozgat province of Turkey entered into a cartel agreement by way of (...)

The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak
Greenberg Traurig (London)
Royaume-Uni 3 contributions 3373 visites
,
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 1 contribution 617 visites
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)

The UK Government and the Competition Authority announce they will formally waive UK competition law for a limited period to allow supermarket retailers to share data on stock levels
McGuireWoods (London)
Royaume-Uni 1 contribution 792 visites
All companies are scrambling to respond to the challenges brought on by the COVID-19 pandemic and in various sectors cooperation between competitors is seen as part of the solution. However, cooperation — or in some cases contact or information exchange — between competitors potentially (...)

The South African Government grants block exemptions to the healthcare sector to combat the spread of the COVID-19 pandemic
Fasken (Johannesburg)
Afrique du Sud 2 contributions 554 visites
Acting swiftly to try to contain the spread of Covid-19 in South Africa, on 15 March 2020 President Cyril Ramaphosa declared a National State of Disaster. Now the government has gone further - on 19 March 2020 regulations issued by the Minister of Trade and Industry (the "Regulations") were (...)

The UK Government announces measures to allow supermarkets to work together to feed the nation during the COVID-19 outbreak
Morgan Lewis (London)
Royaume-Uni 26 contributions 9853 visites
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that (...)

The UK Competition Authority welcomes the Governments’ relaxation of competition law for supermarkets during the COVID-19 outbreak and promises no enforcement action against businesses engaging in cooperation to supply essential products and services
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
COVID-19: CMA approach to essential business cooperation* The CMA is very conscious of concerns that competition law enforcement could impede necessary cooperation between businesses to deal with the current crisis and ensure security of supplies of essential products and services, such as (...)

The UK Government allows supermarkets to work together without infringing competition law during the COVID-19 outbreak
Euclid Law (London)
Royaume-Uni 2 contributions 831 visites
The COVID-19 outbreak is placing significant demands on the UK grocery sector. In particular, panic buying by consumers has led to empty shelves and increased pressure on the supply chain to replenish high demand items. This situation is being exacerbated by staff shortages, as employees (...)

The Turkish Competition Authority fines ready mix concrete producers for engaging in horizontal infringements and cartels (Coşkunlar / Irgatoğlu / Sorgun Emek / Tamer...)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75780 visites
Introduction The Turkish Competition Board’s (“Board”) recent decision dated 19.03.2020 and numbered 20-15/215-107 regarding the ready mix concrete producers in the Yozgat region, including Coşkunlar Hazır Beton İnş. Taah. San. ve Tic. A.Ş. (“Coşkunlar”), Irgatoğlu Hazır Beton Nak. San. ve (...)

The EU Commission vets public statements of Eurocommerce for the non-food retailers to take measures against the major crisis due to COVID-19
Hogan Lovells (Brussels)
Belgique 8 contributions 3459 visites
,
Hogan Lovells (Brussels)
Belgium 7 contributions 1276 visits
,
Bocconi University (Milan)
Italie 11 contributions 4079 visites
…
In the world of COVID-19, companies must not quarantine competition law compliance. Competition law will not be at the top of companies’ agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. (...)

The Dutch Competition Authority closely monitors the economic developments raising from COVID-19 and is ready to answer any questions about collaborations that companies wish to launch to combat the crisis
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35011 visits
ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra)
University of Turin (Turin)
Italy 7 contributions 8521 visits
,
Studio Legale Bichiri (Turin)
Italie 1 contribution 454 visites
1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep (...)

The French Competition Authority fines a Big Tech company and its wholesalers for engaging in anticompetitive agreements within its distribution network and for abuse of a situation of economic dependency concerning its premium independent distributors (Apple / Tech Data / Ingram Micro)
French Competition Authority (Paris)
France 741 contributions 394629 visits
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The Portuguese Competition Authority warns all market participants that it will continue to stay vigilant against anticompetitive practices that exploit the special situation caused by the COVID-19 pandemic
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visits
AdC assures vigilance of anticompetitive practices that exploit current situation* In times of great collective effort, the AdC wishes to assure that it remains particularly vigilant in its mission. This includes the detection of possible anticompetitive practices that exploit the current (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24 billion for engaging in three anticompetitive practices with its distributors in the retail market of its products (Apple / Tech Data / Ingram Micro)
Vaillant Group (Paris)
22 contributions 3357 visits
,
Bird & Bird (Paris)
France 23 contributions 3206 visites
On 16 March 2020, the French Competition Authority (FCA) imposed a €1.1 billion fine on Apple, the highest fine ever handed out to a company. The FCA considered that Apple had engaged in three anticompetitive practices with its distributors in the retail market for Apple products (excluding (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24B for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56575 visits
According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

The French Competition Authority issues a fine of €1.1B on a Big Tech company and €139M on two of its wholesalers for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)
Addleshaw Goddard (Paris)
France 39 contributions 44068 visites
,
University of Paris I Panthéon-Sorbonne
France 396 contributions 454213 visits
On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

The French Competition Authority fines a Big Tech company a record €1B and its wholesalers €139M for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
France 1 contribution 428 visites
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the (...)

The Luxembourg Competition Authority declares that companies’ liability will not decrease during the COVID-19 crisis
Luxembourg Competition Council (Liège)
14 contributions 1677 visits
Coronavirus: the liability of undertakings does not decrease* As the administrative authority responsible for the proper functioning of markets, the Competition Council wants to ensure that companies do not abuse the current situation to the detriment of consumers or their competitors. (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s orders against 2 movie associations for concerted efforts to stop a competing association from working in the Malayalam film industry (Association of Malayalam Movie Artists / Federation of Kerala / Malayalam Artists and Cine Technicians Association)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
Key points While there was no explicit agreement produced before CCI showing concerted actions by AMMA and FEFKA to ban Malayalam Artists and Cine Technicians Association’ (“MACTA”) Federation, the CCI relied upon documents, witness-statements and market analysis to show that AMMA and FEFKA (...)

The Turkish Competition Authority imposes record fine on four major players operating in the fuel distribution sector (Shell / BP / OPET / PO)
ACTECON (Istanbul)
Turkey 27 contributions 9503 visits
,
ACTECON (Istanbul)
Turkey 23 contributions 3932 visits
,
ACTECON (Istanbul)
Turkey 18 contributions 2975 visits
Introduction In March 2020, the Turkish Competition Authority (“TCA”) imposed a hefty fine amounting to approximately TRY 1.5 billion in total (approx. EUR 170 million) on four undertakings operating in the fuel distribution sector, namely BP Petrolleri A.Ş. (“BP”), OPET Petrolcülük A.Ş. (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET) Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81103 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 10 contributions 4532 visits
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed (...)

The Indian Competition Authority orders pharma companies and trade association to cease and desist from indulging in anti-competitive business practices (Alkem Laboratories / McLeod’s Pharmaceuticals / Bengal Chemists and Druggists Association)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8389 visits
…
KEY POINTS The CCI recognised that there is rarely any direct evidence of action in cases involving concerted action. It is normal for agreements relating to such activities to be entered into in a clandestine manner. In such situations, the evidence is limited, fragmentary and sparse. (...)

The Australian Federal Court dismisses the Competition Authority allegation against a healthcare company misusing its market power by engaging in anticompetitive conduct to prevent a group of surgeons from opening a rival day surgery (Ramsay)
Ashurst (Sydney)
Australia 5 contributions 490 visits
,
Ashurst (Sydney)
Australia 9 contributions 2868 visits
,
Ashurst (Sydney)
États-Unis 17 contributions 2348 visites
…
What you need to know In a rare Federal Court proceeding involving alleged misuse of market power, the Federal Court held that the Australian Competition and Consumer Commission (ACCC) failed to establish that Ramsay Health Care (Ramsay) had in fact engaged in the anti-competitive conduct (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
,
Bird & Bird (Madrid)
Espagne 29 contributions 4676 visites
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

The Dutch Court of Appeal for Amsterdam confirms that litigation vehicles must provide documentation regarding the assignment of claims they submit (Royal Dutch Airlines / Martinair Holland / Societe Air France / Singapore Airlines / Lufthansa / Swiss International Air Lines...)
Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
,
Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
Brief summary of facts In its Decision of 17 March 2017, the European Commission found that several air carriers coordinated fuel and safety charges for flights within the European Economic area in the period of December 1999 till February 2006, and thus infringed the cartel prohibition. (...)

The Spanish Competition Authority proposes a total fine of €47M to consulting companies for participating in a bid rigging cartel (Deloitte / PWC / KPMG)
Bird & Bird (Madrid)
Espagne 29 contributions 4676 visites
,
Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
In February 2019, the Spanish Competition Authority (CNMC) opened formal proceedings against 25 consulting companies and 8 of their executives for allegedly manipulating and allocating public tenders in the consulting services market between 2009 and 2018. This case was initiated in the wake (...)

The US DoJ and FTC publish a statement on the violation of antitrust laws in connection with the manufacturing and the distribution or sale of public health products during the COVID-19 pandemic
Sheppard Mullin (Washington)
États-Unis 2 contributions 1040 visites
,
Oracle (San Francisco)
United States 6 contributions 2494 visits
DOJ and FTC To Focus On Antitrust and Consumer Protection Violations Relating to Coronavirus* The rapidly evolving COVID-19 (coronavirus) situation is impacting local and global companies, disrupting supply chains, creating volatility in the stock market, and causing great concern in local (...)

The US DoJ and FTC warn companies and would-be scammers that they will use their consumer protection and competition enforcement powers to go after anyone trying to take advantage of the COVID-19 pandemic
Lowenstein Sandler (Washington)
États-Unis 1 contribution 373 visites
,
Competition Law Partners (Washington)
États-Unis 1 contribution 373 visites
,
Competition Law Partners (Washington)
États-Unis 1 contribution 373 visites
COVID-19: The Reaction of U.S. Antitrust Agencies* COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially criminal conduct to (...)

The US DoJ announces its intention to continue to hold businesses accountable for per se criminal violations of antitrust laws during the COVID-19 pandemic
Proskauer (Washington)
États-Unis 1 contribution 161 visites
,
Paul Hastings (London)
Royaume-Uni 1 contribution 161 visites
,
Proskauer (Washington)
États-Unis 2 contributions 393 visites
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as (...)

The US DoJ publishes a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws and that the COVID-19 pandemic is not an opportunity to violate those laws
Epstein Baker Green (Washington DC)
États-Unis 1 contribution 102 visites
,
Epstein Baker Green (Washington DC)
États-Unis 1 contribution 102 visites
As organizations are working to respond to the 2019 novel coronavirus (known as “COVID-19”), the U.S. Department of Justice (“DOJ”) issued a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws, and that the DOJ stands ready to respond to market (...)

The US DoJ charges two executives with conspiracy to rig bids and fix prices in the market for commercial flooring (Robert A. Patrey Jr. / Kenneth R. Smith)
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Two Commercial Flooring Executives Plead Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring (...)

The US DoJ reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 pandemic
McDermott Will & Emery (Chicago)
United States 13 contributions 3281 visits
,
McDermott Will & Emery (Chicago)
États-Unis 10 contributions 2436 visites
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, (...)

The US DoJ warns businesses against price-fixing, bid-rigging, and market sharing in the manufacturing or the distribution as well as the sale of public health products in the face of the COVID-19 pandemic
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Justice Department Cautions Business Community Against Violating Antitrust Laws in the Manufacturing, Distribution, and Sale of Public Health Products* The Department of Justice today announced its intention to hold accountable anyone who violates the antitrust laws of the United States in (...)

The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5590 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 13003 visites
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2873 visits
…
Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

The US DoJ signals it will step up enforcement in response to the COVID-19 pandemic and will hold accountable anyone who violates antitrust law in connection with the manufacturing, distribution or sale of public health products
Cooley (Washington)
États-Unis 1 contribution 165 visites
,
Cooley (San Francisco)
États-Unis 1 contribution 165 visites
The DOJ’s Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern in which the DOJ ramps up antitrust enforcement during crises. There (...)

The US DoJ announces its intention to hold accountable companies that violate national antitrust laws in connection with the manufacturing and the distribution or the sale of public health products following the COVID-19 pandemic
Eversheds Sutherland (New York)
États-Unis 1 contribution 228 visites
,
Eversheds Sutherland (Washington D.C.)
États-Unis 1 contribution 228 visites
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals globally. The DOJ acts in several roles, including as a part of law (...)

The Spanish Supreme Court dismisses an appeal in connection with dawn raids carried out by the Competition Authority in the manufacturing sector (Prysmian)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46181 visits
,
Latham & Watkins (Brussels)
Belgique 24 contributions 3215 visites
,
Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22017 visites
…
The Supreme Court Order focuses on the guarantees that must govern the CNMC’s inspection activities in the exercise of its powers and, in particular, in relation to legal assistance for companies subject to inspection. In particular, the appeal is brought by Prysmian Spain, S.A (Prysmian) (...)

The UK Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
United Kingdom 34 contributions 16805 visits
,
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5364 visits
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access (...)

The Hellenic Competition Authority fines a beverage company for obstruction of an on-site inspection at the company’s premises (Coca-Cola)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17200 visits
The Hellenic Competition Commission (HCC) imposes a fine on COCA COLA TRIA EPSILON for obstructing an on-site inspection in the context of an investigation by the HCC in the non-alcoholic beverage market* By its Decision No. 688/2019, adopted on 24.07.2019, the Hellenic Competition (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Freshfields Bruckhaus Deringer (New York)
États-Unis 2 contributions 257 visites
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The German Regional Court of Stuttgart rules that decisions by the EU Commission do not raise presumptions of anticompetitive harm for claimants outside of the common market (Truck Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25076 visits
,
Hogan Lovells (Munich)
Germany 39 contributions 4335 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1347 visits
…
Brief summary of facts Claimant had bought 2,138 trucks mainly from the brand produced by the defendant. The trucks were brought to Nigeria. Claimant brought an action for damages in the amount of EUR 20.5 million arguing that the transaction was affected by the truck cartel the European (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
United States 22 contributions 3583 visits
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The Californian Attorney General, as well as other national jurisdictions’ Attorneys General, announce their intent to take action against unfair "price gouging" and the US DoJ focuses on public health products during the COVID-19 pandemic
Paul Weiss (New York)
États-Unis 1 contribution 390 visites
,
Paul Weiss (New York)
États-Unis 6 contributions 19016 visites
,
US Department of Justice (Washington)
États-Unis 4 contributions 2063 visites
State AGs Respond to COVID-19-Related “Price Gouging” and DOJ Antitrust Enforcement to Focus on Public Health Products* The outbreak and continued spread of a new strain of coronavirus, COVID-19, has led to surging demand for, and in some cases shortages in the supply of, a wide variety of (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of (...)

The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
COFECE issues Regulatory Provisions of the Leniency and Immunity Program* The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program Mexico City, March 4, 2020.- The Mexican Federal (...)

The US Washington State Attorney General announces a price gouging investigation in the wake of COVID-19 public health emergency
Office of the Washington State Attorney General (Olympia)
États-Unis 1 contribution 218 visites
AG FERGUSON STATEMENT ON PRICE GOUGING IN PUBLIC-HEALTH EMERGENCY* SEATTLE — Attorney General Bob Ferguson offers the following statement: “My office is investigating price gouging in the wake of the COVID-19 public health emergency. We do not identify the targets of our investigations, (...)

The Portuguese Competition Authority fines five companies and five board members or directors involved in a cartel in railway maintenance (Construções / Técnica Ferroviárias / Somafel / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visits
AdC adopts sanctioning decision which concludes proceedings against railway maintenance companies with a total fine of €3.4 M and disqualification of participation in public tenders* The AdC (Portuguese Competition Authority) today adopted a sanctioning decision that concludes the process (...)

The UK Competition Authority fines four pharmaceutical companies a total of £3.4 million for breaching competition law in relation to the supply of the antidepressant drug for market sharing and exchanging sensitive information (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92597 visits
On 4 March 2020, the UK’s Competition and Markets Authority (“CMA”) fined four pharmaceutical companies a total of £ 3.4 million for breaching competition law in relation to the supply of the antidepressant drug nortriptyline. The companies involved in the infringement were King (...)

The UK Competition Appeal Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims the findings that are contained in settlements (Trucks Cartel)
Hausfeld (London)
Royaume-Uni 1 contribution 260 visites
,
Hausfeld (London)
Royaume-Uni 2 contributions 345 visites
,
Ashurst (London)
Royaume-Uni 8 contributions 3291 visites
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an (...)

The Portuguese Competition Authority imposes a €1.8M fine for bid-rigging in the railway maintenance sector (Fergrupo / Somafel)
Vieira de Almeida (Lisbon)
Portugal 9 contributions 774 visits
On 4 March 2020, the Portuguese Competition Authority (“PCA1’) has imposed a total of €1.8 Million fines against Fergrupo - Construções e Técnicas Ferroviárias, SA (“Fergrupo”) and Somafel - Engenharia e Obras Ferroviárias (‘’Somafel”)—as well as one director of each company—both operating on (...)

The US District Court for the Northern District of Georgia secures a conviction against an extradited foreign executive for conspiring to rig bids and allocate the market for instrument panel clusters to automobile producers (Eun Soo Kim)
Morgan Lewis (Silicon Valley)
United States 11 contributions 1967 visits
Korean national Eun Soo Kim, a former key accounts manager for an automotive parts company, pled guilty on March 3 in the US District Court for the Northern District of Georgia to conspiring to rig bids and allocate market for instrument panel clusters to automobile producers. Kim admitted (...)

The US DoJ charges an extradited former automotive parts executive for his role in an international market allocation and bid-rigging conspiracy involving the sale of instrument panel clusters to several automobile producers (Eun Soo Kim / Continental Automotive Korea)
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Extradited Former Automotive Parts Executive Pleads Guilty to Antitrust Charge* Fugitive for Nearly Five Years, Extradited to the United States and Pleads Guilty to Antitrust Conspiracy Eun Soo Kim, a former key accounts manager for Continental Automotive Korea Ltd. and a Korean national, (...)

The US DoJ reaches a deferred prosecution agreement with a pharma company fined a record criminal penalty for a domestic antitrust case (Sandoz)
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Major Generic Pharmaceutical Company Admits to Antitrust Crimes: Sandoz Inc. Agrees to Pay a $195 Million Criminal Penalty, the Largest for a Domestic Antitrust Case* Sandoz Inc., a generic pharmaceutical company headquartered in New Jersey, was charged for conspiring to allocate customers, (...)

Unilateral Practices

 The South African Competition Authority announces it has received over 500 complaints of excessive pricing related to the COVID-19 pandemic
South African Competition Commission (Pretoria)
South Africa 3 contributions 819 visits
COVID-19 UPDATE: COMPETITION COMMISSION FLOODED WITH OVER 500 COMPLAINTS OF EXCESSIVE PRICING * Background On 15 March 2020 President Cyril Ramaphosa declared a State of National Disaster, and further to that the President announced the enforcement of a nationwide lockdown for 21 days with (...)

The US State AGs from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to monitor more rigorously price gouging practices by online sellers using their services (Amazon / Facebook / eBay / Walmart / Craigslist)
Office of the Pennsylvania State Attorney General (Harrisburg)
États-Unis 1 contribution 671 visites
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The US State AGs from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / eBay / Walmart / Craigslist)
Troutman Sanders (Richmond)
États-Unis 1 contribution 239 visites
,
Troutman Sanders (Richmond)
États-Unis 1 contribution 239 visites
,
Troutman Sanders (Richmond)
États-Unis 1 contribution 239 visites
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The Turkish Competition Authority makes a statement as to the developments in the prices in the food market during the COVID-19 outbreak
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75780 visites
An important statement is made by the Competition Authority (“Authority”) regarding the recent developments in the prices in the food market through the public announcement dated 23 March 2020 and published in the Authority’s web site. In the announcement, it is stated that excessive (...)

The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81103 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1970 visits
,
Esin (Istanbul)
Turquie 3 contributions 984 visites
The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

The Turkish Competition Authority warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5387 visits
PUBLIC ANNOUNCEMENT* It is observed that in our food market, especially in the market for fresh vegetables and fruits, there are extreme price increases in an opportunist manner nowadays, while we are facing with global COVID-19 outbreak. Being granted the power to protect consumer (...)

The UK Competition Authority writes an open letter to the pharmaceutical, food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic
Bird & Bird (London)
Royaume-Uni 28 contributions 3398 visites
,
London Legends FC
4 contributions 637 visites
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand (...)

The Dutch Competition Authority reminds businesses to maintain compliance during the COVID-19 outbreak, including dominant companies avoiding excessive prices and all companies avoiding price fixing
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35011 visits
ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

The Nanjing Intermediate People’s Court rules in favour of an undertaking and its subsidiary in an abuse of dominance case against its suppliers of active pharmaceutical ingredient and awards the plaintif damages as compensation for anti-competitive conduct totally $10 million (Yangtze River)
Hogan Lovells Fidelity (Shanghai)
3 contributions 420 visites
,
Hogan Lovells (Beijing)
China 81 contributions 19791 visits
,
Hogan Lovells Fidelity (Shanghai)
9 contributions 2193 visites
On 18 March 2020 the Nanjing Intermediate People’s Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active pharmaceutical ingredients (API). The court awarded the plaintiffs a record (...)

The Dutch Trade and Industry Appeals Tribunal quashes the Competition Authority’s finding of a joint dominance in the retail broadband market (KPN / VodafoneZiggo / T-Mobile / Tele2)
Oxera (London)
Royaume-Uni 1 contribution 127 visites
,
Oxera (London)
Royaume-Uni 2 contributions 189 visites
,
Oxera (Amsterdam)
Pays-Bas 6 contributions 1674 visites
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (CBb) published its long-awaited verdict on the appeal against the Netherlands Authority for Consumers and Markets (ACM) 2018 finding of joint dominance in the Dutch retail broadband market. Why did the CBb rule in favour of the (...)

The Dutch Trade and Industry Appeals Tribunal annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65805 visits
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)

The Dutch Trade and Industry Appeals Tribunal reverses a decision of the Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
KPN (Amsterdam)
Pays-Bas 33 contributions 7186 visites
,
Bird & Bird (The Hague)
Netherlands 34 contributions 8713 visits
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, (...)

The Indian Competition Authority fines the only national manufacturer of Viscose Staple Fiber for abusing its dominant position by practicing price discrimination without objective justification (Grasim Industries / Association of Man Made Fibre Industry of India)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8389 visits
…
Grasim Industries fined INR 302 crore for abusing its dominant position in the market for Viscose Staple Fiber (“VSF”) by the CCI* Key points A dominant entity has a special and differential obligation and ought to behave as a responsible corporate citizen. Discriminatory prices for (...)

The Ukrainian Competition Authority issues recommendations to pharmacies and retailers against excessive prices for masks, examines price hikes for airline tickets and monitors prices for disinfectants and consumption basket products
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9452 visites
As with other competition authorities, the Antimonopoly Committee of Ukraine (the "AMC") is responding promptly during the coronavirus outbreak. On 13 March 2020, the AMC announced that it would investigate any unjustified price hikes for medicines, face masks and other personal health (...)

The Indian Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement containing unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone)
Supreme Court of India (New Delhi)
Inde 1 contribution 149 visites
,
Supreme Court of India (New Delhi)
Inde 1 contribution 149 visites
Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). (...)

The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision asserting it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5445 visites
,
Bird & Bird (Rome)
Italie 19 contributions 4082 visites
On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s order against an American electronic payment supplier for abusing its dominant position in the markets for POS terminals and electronic ticketing machines (Verifone)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
NCLAT upholds CCI’s orders against Verifone for abuse of dominance in the market for Point of Sale (“POS”) terminals and Electronic Ticketing Machines (“ETM”) in India.* Key points Verifone abused its position of dominance in the market for POS and ETM by imposing restrictive conditions (...)

The Austrian Supreme Court confirms the lower court’s decision finding that the national public broadcasting company did not abuse its dominant position by increasing its fee for decryption service (ORF)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Autriche 2 contributions 240 visites
1. Introduction On 12 March 2020 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a decision by the Higher Regional Court of Vienna in competition matters (Oberlandesgericht Wien als Kartellgericht; (...)

The Italian Competition Authority publishes two investigations against online platforms with regards to some claims relating to the marketing of hand sanitizing and respiratory masks as well as hygiene products (Amazon / eBay)
Italian Competition Authority (Rome)
Italy 69 contributions 18331 visits
Coronavirus, the Authority begins investigating Amazon and eBay for misleading claims and excessive price increases.* The Authority launched two separate investigations today against the Amazon platform (Amazon Italia Customer Service, Amazon Eu, Amazon Service Europe) and eBay platform (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s order dismissing allegations of abuse of dominance in the market for industrial bearings (Asmi / SKF)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8389 visits
…
KEY POINTS Given that the conduct related to a period prior to May 20, 2009, the CCI had no jurisdiction to investigation. Further, during the concerned period, none of the players in the relevant market enjoyed a position of strength for a long duration. Even thereafter, in 2015-16, (...)

The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58561 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 3 contributions 1859 visites
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Court of Appeal upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had allegedly abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn)
White & Case (Brussels)
Belgique 57 contributions 57265 visites
,
White & Case (Brussels)
Belgium 38 contributions 65524 visits
,
Hausfeld (London)
Royaume-Uni 8 contributions 3198 visites
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)

The UK Competition Authority welcomes the England and Wales Court of Appeal’s judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
CMA welcomes Court of Appeal judgment in Phenytoin case* The CMA welcomes today’s Court of Appeal judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing. The Competition and Markets Authority (CMA) will now carefully review the elements (...)

The UK Court of Appeal provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Pfizer / Flynn)
Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22936 visites
,
Latham & Watkins (Brussels)
Belgique 4 contributions 963 visites
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of (...)

The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristows (London)
Royaume-Uni 1 contribution 267 visites
,
Bristows (London)
Royaume-Uni 2 contributions 666 visites
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and (...)

The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Covington & Burling (Brussels)
Belgique 1 contribution 212 visites
,
Latham & Watkins (Brussels)
Belgique 4 contributions 963 visites
,
Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22936 visites
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine (...)

The UK Court of Appeal seeks to reinstate record fines imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
Herbert Smith Freehills (London)
Royaume-Uni 14 contributions 4203 visites
,
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71696 visits
,
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8877 visits
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The UK Court of Appeal dismisses the Competition Authority’s appeal against a ruling quashing the fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65805 visits
On 10 March 2020, the UK’s Court of Appeal dismissed the Competition and Market Authority’s (“CMA”) appeal against a 2018 ruling by the Competition Appeals Tribunal (“CAT”) that quashed the CMA’s 2016 fine imposed on Pfizer and Flynn for charging excessive and unfair prices for phenytoin (...)

The Japanese FTC files and withdraws petition for an urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba)
Japan Fair Trade Commission (Tokyo)
Japan 133 contributions 23906 visits
The JFTC has Filed a petition for an Urgent Injunction against Rakuten, Inc.* Today, the Japan Fair Trade Commission (JFTC) has filed a petition for an urgent injunction to the Tokyo District Court in accordance with the provision of Article 70-4, paragraph 1 of the Antimonopoly Act, seeking (...)

The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65805 visits
On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

The Italian Competition Authority sanctions a telecommunications company for having undertaken a complex abusive strategy aimed at hindering entry of the new infrastructure competitors in the broadband communication services sector (Telecom Italia)
Bird & Bird (Rome)
Italie 19 contributions 4082 visites
,
Luiss Guido Carli University (Rome)
Italie 27 contributions 5445 visites
The Italian Antitrust Authority ("ICA") launched in June 2017 a proceeding for alleged violations of Article 102 TFEU committed by Telecom Italia ("TI") - through a complex abusive strategy aimed at a double purpose: in the retail market, to make its customer base less contestable by other (...)

The UK Competition Authority announces that it has been monitoring reports of changes to sales and pricing practices during the COVID-19 outbreak and will assess whether it should advise Government to consider taking direct action to regulate prices
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
COVID-19: sales and pricing practices during Coronavirus outbreak* The CMA has been monitoring reports of changes to sales and pricing practices during the coronavirus outbreak. The Competition and Markets Authority (CMA) wants to ensure that traders do not exploit the current situation to (...)

The Indian Appellate Tribunal overrules the Competition Authority’s order in an abuse of dominance case in the e-commerce sector (All India Online Vendors Association / Flipkart India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41994 visites
NCLAT directs investigation into alleged abuse of dominant position by Flipkart -Quashes earlier CCI order closing the case* By a recent judgment dated 04.03.2020, the Hon’ble National Company Appellate Tribunal (“NCLAT”) has set aside the order dated 06.11.2018 passed by the Competition (...)

The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)
Bird & Bird (The Hague)
Netherlands 34 contributions 8713 visits
,
Bird & Bird (Copenhagen)
Danemark 36 contributions 8069 visites
On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility (...)

Mergers

 The COMESA Competition Commission issues guidance on timing and other implications for merger review relating to the COVID-19 pandemic
Primerio (Washington)
United States 47 contributions 10413 visits
COMESA retains 30-day merger notification requirement during COVID pandemic, but loosens some rules* The COMESA Competition Commission (CCC) has, along with several other competition-law enforcers on the African continent, issued new guidance on timing and other implications relating to the (...)

The COMESA Competition Authority encourages electronic merger notifications, extends deadline for document submission, suspends physical meetings, and warns of possible investigation delays due to COVID-19 pandemic
COMESA (Lusaka)
Malawi 3 contributions 326 visits
NOTICE OF INTERIM MEASURES IN MERGER REVIEW OF THE COMESA COMPETITION COMMISSION DUE TO THE COVID-19 PANDEMIC* The COMESA Competition Commission (the Commission) is aware that these are unprecedented, uncertain and challenging times for undertakings and other stakeholders. In view of this, (...)

The UK Competition Authority unconditionally clears a merger between two main online betting brands in the country (Flutter / Stars)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Merger between betting firms cleared by the CMA* Following an investigation, the CMA has cleared the merger between gambling companies Flutter and Stars. The companies are 2 of the main online betting brands in the UK, with a combined revenue of £1.5 billion. Flutter owns Paddy Power and (...)

The UK Competition Authority finds competition concerns in proposed merger of retail investment software firms (FNZ / GBST)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Merger of retail investment software firms raises competition concerns* FNZ’s purchase of GBST raises competition concerns in the provision of retail investment platform solutions in the UK, a CMA investigation has found. The Competition and Markets Authority (CMA) is concerned that the (...)

The Saudi Arabian Competition Authority issues anticipated merger control guidelines that aim to provide some clarification and interpretative guidance on merger control-related provisions of the Competition Act
Abdulaziz Alajlan & Partners (Jeddah)
Saudi Arabia 2 contributions 37 visits
,
Abdulaziz Alajlan & Partners (Jeddah)
Saudi Arabia 2 contributions 37 visits
,
Abdulaziz Alajlan & Partners (Jeddah)
Arabie saoudite 1 contribution 13 visites
…
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 06/8/1441H (corresponding to 30 March 2020), the General Authority for Competition (the "Authority") issued the anticipated Merger Control Guidelines (the (...)

The US FTC provides guidance on COVID-19’s impact on HSR filing timelines
McDermott Will & Emery (Washington)
États-Unis 32 contributions 6553 visites
,
McDermott Will & Emery (Washington)
États-Unis 16 contributions 3408 visites
,
McDermott Will & Emery (Washington)
États-Unis 36 contributions 5933 visites
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant (...)

The Serbian Competition Authority publishes its new guidelines on notification deadlines for mergers during the COVID-19 crisis
Karanovic & Partners (Belgrade)
Serbie 1 contribution 176 visites
,
Karanovic & Partners (Belgrade)
Serbie 1 contribution 176 visites
The Impact of COVID-19 Outbreak on Merger Control Matters in Western Balkans* The COVID-19 pandemic has been heavily affecting economies and countries across the globe. In such circumstances, ensuring the undisturbed work of the competition authorities is difficult, but important in order to (...)

The French Competition Authority publishes its adaptation of the time limits and procedures during the COVID-19 outbreak
French Competition Authority (Paris)
France 741 contributions 394629 visits
Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency* Background The Autorité specifies to businesses how the rules regarding deadlines and procedures will be adapted due to the state of health emergency. Following the adoption of (...)

The Austrian Competition Authority announces that retrospective notification of an acquisition is a violation of the notification requirements and subject to fines (Castanea Rubra / Neue Halberg)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
On 27 March 2020, the Austrian Federal Competition Authority (“FCA”) announced that, pursuant to its request, the Cartel Court had imposed a fine of € 100,000 on Castanea Rubra Assets GmbH. Castanea Rubra Assets GmbH had acquired 94% of the shares of German-based car parts manufacturer Neue (...)

The Australian Competition Authority provides guidance for the merger clearances, authorisations, notifications and CTMs during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82376 visits
COVID-19 pandemic - what it means for ACCC merger clearances, authorisations, notifications and CTMs* With the recent and increasing impact of the COVID-19 pandemic, the ACCC’s Merger & Authorisation Review Division will provide ongoing guidance regarding any changes in our operations (...)

The Austrian Cartel Court reminds about the domestic merger thresholds and imposes a fine for failure to notify the acquisition on a car parts manufacturer (Castanea Rubra / Neue Halberg)
Eisenberger & Herzog Rechtsanwalts (Vienna)
Autriche 1 contribution 50 visites
,
Austrian Competition Authority (Vienna)
Autriche 1 contribution 50 visites
(Un)friendly Reminder From The Austrian Cartel Court Of How To Allocate Turnover* Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, (...)

The US DoJ challenges a merger that highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
McDermott Will & Emery (Washington)
États-Unis 32 contributions 6553 visites
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. IN (...)

The Austrian Competition Authority grants request to amend commitments undertaken as part of a merger previously cleared in the market for free TV and advertisement (Puls 4 / ATV)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
On 26 March 2020, the Austrian Federal Competition Authority (“FCA”) granted a request to amend the commitments in the market for free TV and television advertising undertaken as part of a merger cleared in 2017. The FCA had cleared the acquisition by Austrian-based ProSiebenSat.1Puls 4 GmbH (...)

The US DoJ requires divestitures in a merger of two national defence contractors to address vertical and horizontal antitrust concerns (United Technologies Corporation / Raytheon)
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Justice Department Requires Divestitures in Merger Between UTC and Raytheon to Address Vertical and Horizontal Antitrust Concerns* Divestitures Will Preserve Competition in the United States for Military Airborne Radios, Military GPS Systems, and Reconnaissance Satellite Components The (...)

The EU Commission opens an in-depth investigation relating to a merger in the pharmaceutical sector (Tachosil / Johnson & Johnson)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Tachosil by Johnson & Johnson* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tachosil by Johnson & Johnson, under the EU Merger Regulation. The (...)

The UK Competition Authority clarifies that the UK merger control regime is still operating despite the COVID-19 pandemic
Ashurst (London)
United Kingdom 14 contributions 2459 visits
,
Ashurst (London)
United Kingdom 34 contributions 16805 visits
,
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5364 visits
…
Whilst Covid-19 is not expected to lead to changes to the core legal and policy principles underpinning merger control regimes around the world, it is worth noting that: merger control regimes are still in operation, albeit filing processes and regulatory reviews may take a bit longer and some (...)

The Vietnamese Government issues a decree providing guidance on thresholds for merger control notification, the definition of "control" and the approach to reviewing the competitive impact of a transaction
Freshfields Bruckhaus Deringer (Vietnam)
1 contribution 67 visites
,
Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 4071 visites
An epidemic and the competition law share little in common but end up in the same place – one attacks fairly and equally; the other attacks unfair inequality. So it was perhaps fitting that on 24 March 2020, in the middle of its fight to control the Coronavirus outbreak, the Vietnamese (...)

The Italian Competition Authority updates the turnover thresholds that make prior notification of a concentration mandatory
Bird & Bird (Rome)
Italie 19 contributions 4082 visites
,
Luiss Guido Carli University (Rome)
Italie 27 contributions 5445 visites
By decision of 23 March 2020, the Italian Competition Authority (ICA) has updated the turnover thresholds that make prior notification of a concentration mandatory, pursuant to Article 16, par. 1, of Law No. 287 of 1990 ("Law"). According to Article 16, par. 1 of the Law, as amended, a (...)

The Indian Competition Authority approves a merger between two pharmaceutical companies due to the presence of larger players in the market and the non-existence of complimentary relationship between the two companies (Mylan / Upjohn)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8389 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
…
Mylan is a global pharmaceutical company incorporated in Netherlands, having a broad portfolio of products sold in 165 countries. Mylan is present in India through three registered entities namely – Mylan Laboratories Ltd. (“MLL”), Mylan Pharmaceuticals Pvt. Ltd. (“MPPL”) and Mylan (...)

The Italian Competition Authority updates its merger notification thresholds
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
The Italian Competition Authority (“AGCM”) has raised the turnover thresholds applicable to merger notifications effective 23 March 2020. Under the new thresholds, a merger must be notified and approved by the AGCM prior to implementation where: • € 504 million in combined turnover is (...)

The UK Competition Authority Phase I investigation finds competition concerns in merger between window blind companies (Hunter Douglas / 247 Home Furnishings)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Merger between window blind companies raises competition concerns* Hunter Douglas’s purchase of 247 Home Furnishings Ltd raises competition concerns in the supply of made-to-measure window blinds, the CMA has found. Hunter Douglas is a leading global supplier of window coverings, which (...)

The Portuguese Competition Authority fines a hospital for gun jumping but accepts payment of the fine in multiple instalments to avoid negatively affecting the hospital’s operations during the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visits
AdC fines Hospital Particular do Algarve for gun-jumping* The AdC fined Hospital Particular do Algarve, SA (HPA) in the total amount of 155,000 euros for acquiring sole control of Hospital de S. Gonçalo de Lagos S.A. (HSGL) without prior notification of the acquisition and, consequently, (...)

The Portuguese Competition Authority allows payment of a gun jumping fine in instalments due to the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
In September 2019, the Portuguese Competition Authority (“AdC”) imposed a fine of € 155,000 on Hospital Particular do Algarve (“HPA”) for gun-jumping, finding that HPA had acquired sole control of Hospital de São Gonçalo de Lagos without the AdC’s prior approval. The AdC has recently (...)

The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19
Mattos Filho Advogados (Sao Paulo)
Brésil 1 contribution 364 visites
,
Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
Brésil 3 contributions 1063 visites
,
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
États-Unis 5 contributions 2114 visites
…
The Brazilian antitrust authority has implemented measures in line with WHO recommendations against the spread of the COVID-19, and activities are being carried out without major impacts, although deadlines in conduct cases are now suspended and delays in certain matters cannot be altogether (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
Bird & Bird (Budapest)
Hongrie 18 contributions 2375 visites
,
Bird & Bird (Budapest)
Hongrie 16 contributions 2130 visites
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The Irish Competition Authority publishes its temporary merger measures in light of the on-going COVID-19 crisis
An Post (Dublin)
10 contributions 743 visites
,
Matheson (Dublin)
Irlande 13 contributions 1404 visites
,
Arthur Cox (Dublin)
Irlande 6 contributions 2978 visites
In light of the ongoing COVID-19 pandemic, the Irish Competition and Consumer Protection Commission (“CCPC”) announced on 18 March 2020 temporary measures to assist it in complying with binding statutory deadlines and to ensure business continuity in the review of notified mergers and (...)

The French Competition Authority encourages the delay of new mergers, requires electronic submission, and extends processing times as special measures due to COVID-19
French Competition Authority (Paris)
France 741 contributions 394629 visits
Adaptation of merger control procedures due to Coronavirus COVID-19* Given the health situation in France, the Autorité de la concurrence is forced to put in place extensive preventive measures. The services of the Autorité are working remotely since 17 March 2020. Time limits for (...)

The Danish Competition Authority suspends its time limits for merger review for 14 days as special measure due to COVID-19
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35847 visits
Time limits for merger control are suspended for 14 days* The Minister of Industry, Business and Financial Affairs has issued an order implying that the time limits for merger control are suspended for 14 days. When companies wish to implement a larger merger, the Competition and Consumer (...)

The Hungarian Competition Authority reopens an investigation into the acquisition of a digital network operator and issues a new conditional approval (Invitel / DIGI)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
On 18 March 2020, the Hungarian Competition Authority (“GVH”) conditionally re-approved fixed telecommunications service provider DIGI’s acquisition of its rival Invitel. The GVH had already conditionally cleared the acquisition in May 2018 (see VBB on Competition Law, Volume 2018, No. 5). (...)

The Irish Competition Authority announces temporary changes to the merger notification process due to the COVID-19 outbreak
An Post (Dublin)
10 contributions 743 visites
,
Matheson (Dublin)
Irlande 13 contributions 1404 visites
In light of the ongoing Covid-19 pandemic, the Irish Competition and Consumer Protection Commission (“CCPC”) announced on 18 March 2020 temporary measures to assist it in complying with binding statutory deadlines and to ensure business continuity in the review of notified mergers and (...)

The Irish Competition Authority encourages delay of merger filings and establishes a temporary process for electronic notification of mergers as special measures due to COVID-19
McCann FitzGerald (Dublin)
Irlande 6 contributions 1687 visites
,
McCann FitzGerald (Brussels)
Belgique 2 contributions 584 visites
On 18 March, the CCPC issued a statement encouraging merging parties where possible to delay merger filings until further notice, and establishing a temporary process for electronic notification of mergers. In an effort to ensure business continuity in merger review amid the COVID-19 (...)

The US FTC and US DoJ announces modifications to their policies and procedures, due to the COVID-19 pandemic, including timing and processes in place for reviewing transaction subject to mandatory reporting under HSR
Cooley (Washington)
États-Unis 2 contributions 10929 visites
,
Cooley (Washington)
États-Unis 1 contribution 200 visites
,
Cooley (Washington)
États-Unis 2 contributions 10929 visites
Antitrust FAQs for Merging Parties What modifications have the FTC and DOJ made for transactions reportable under the Hart-Scott-Rodino Act? Will timing to receive HSR clearance be impacted? While the federal antitrust agencies, the Federal Trade Commission and US Department of Justice (...)

The French Competition Authority is not able to guarantee the usual processing delays for mergers since its staff is working remotely during the COVID-19 situation
Baker McKenzie (Paris)
France 6 contributions 18833 visites
,
CARVE
2 contributions 3691 visites
The French government has taken preventive measures due to COVID-19, thereby forcing the members of the French Competition Authority to work remotely since 17 March 2020. This situation is already impacting on merger control: “Although we are striving to ensure continuity of public service, (...)

The US FTC and DOJ adopt new mergers procedures in response to the COVID-19 pandemic outbreak
Jones Day (Washington)
États-Unis 20 contributions 3900 visites
,
Jones Day (Washington)
États-Unis 20 contributions 6391 visites
,
Jones Day (Washington)
États-Unis 3 contributions 472 visites
…
The FTC and DOJ have adopted new procedures in response to the novel coronavirus (COVID-19) pandemic. The changes are intended to help the agencies stay open during the crisis, but merging parties should expect lengthier antitrust reviews until normal operations resume. All merger filings (...)

The US Premerger Notification Office implements a temporary e-filing system for submission of HSR filings
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 13 contributions 3248 visites
,
Fenwick & West (New York)
États-Unis 9 contributions 2041 visites
,
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 22 contributions 10243 visites
As a result of developments relating to the COVID-19 coronavirus pandemic, the Premerger Notification Office (PNO) of the Federal Trade Commission has announced that it will implement a temporary e-filing system for Hart-Scott-Rodino (HSR) filings. During this period, all HSR filings must be (...)

The US DOJ extends its timing of merger investigations by 30 days and allows electronic filing of Hart-Scott-Rodino submissions among special measures due to COVID-19
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Justice Department Announces Antitrust Civil Process Changes for Pendency of COVID-19 Event* Process Changes Will Ensure that the Department Can Carry Out Its Enforcement Mission While Protecting the Health and Safety of Its Employees and the American Public The Department of Justice (...)

The EU Commission encourages the delay of merger notifications and electronic submission as special measures due to COVID-19
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
SPECIAL MEASURES DUE TO CORONAVIRUS / COVID-19* DELAY OF MERGER NOTIFICATIONS DG COMP has put in place a number of measures to ensure business continuity in the enforcement of the EU Merger Regulation. However, due to the complexities and disruptions caused by the Coronavirus, companies (...)

The US DoJ announces antitrust civil process changes for the pendency of COVID-19 events and confirms that the HSR review process will be significantly impacted
McDermott Will & Emery (Washington)
États-Unis 16 contributions 3408 visites
,
McDermott Will & Emery (Washington)
États-Unis 32 contributions 6553 visites
,
McDermott Will & Emery (Washington)
États-Unis 36 contributions 5933 visites
With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early (...)

The EU Commission adjusts merger filing process in response to COVID-19 crisis
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71776 visits
The European Commission (the “Commission”) has announced that it will face delays in its merger review process as a result of the COVID-19 pandemic. In particular, the Commission has stated that it may not be able to collect information from third parties efficiently and may have limited (...)

The Finnish Competition Authority requires companies to contact the Authority before notifying new merger transaction due to COVID-19 outbreak
Hannes Snellman (Helsinki)
Finlande 23 contributions 3012 visites
,
Bird & Bird (Helsinki)
Finlande 14 contributions 1095 visites
Due to the novel coronavirus the Finnish Competition & Consumer Authority ("FCCA") has published a statement requiring companies to contact the FCCA before filing a new merger control notification and specifically agreeing with the FCCA that a notification may be filed. This requirement is (...)

The EU Commission updates its practical guidance to merging parties and encourages companies to delay merger notifications until further notice due to the COVID-19 outbreak
O’Melveny & Myers (Hong Kong)
Hong Kong 7 contributions 11662 visites
,
O’Melveny & Myers (Washington)
États-Unis 3 contributions 1155 visites
,
O’Melveny & Myers (Brussels)
Belgique 3 contributions 1396 visites
The European Commission (the “EC”) has updated its practical guidance to merging parties “encouraging companies to delay merger notifications originally planned until further notice, where possible.” The unprecedented move comes in response to the expanding crisis management measures that (...)

The EU Commission encourages companies to delay merger notifications until further notice due to the COVID-19 outbreak
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2516 visites
,
Bird & Bird (Brussels)
Belgium 7 contributions 1368 visits
Challenges created by the COVID-19 crisis Novel Coronavirus (COVID-19) is having a major impact on the “business continuity" of courts and regulatory authorities. This affects, in particular, merger control proceedings as these are typically subject to specific time limits that the (...)

The EU Commission encourages companies to delay merger notifications originally planned until further notice where possible due to COVID-19
White & Case (Brussels)
Belgique 17 contributions 7120 visites
COVID-19 is changing our lives more rapidly and more profoundly than we could have ever imagined. All over the world, governments order their countries into lockdowns, factories stop producing, people stop buying, citizens are confined to their four walls and businesses switch to working (...)

The EU Commission announces that companies were encouraged to delay new merger notifications until further notice because of the complexities and disruptions caused by the current COVID-19 outbreak
Hogan Lovells (Brussels)
Belgique 20 contributions 8700 visites
,
Hogan Lovells (Brussels)
Belgique 8 contributions 3459 visites
,
Bocconi University (Milan)
Italie 11 contributions 4079 visites
…
The current COVID-19 pandemic is posing unprecedented challenges on our public health systems and communities. It is also heavily impacting economic activity, including for companies in the midst of M&A or joint venture transactions. Deals that are subject to merger control review in the (...)

The US FTC and EU Commission struggle to balance the need for business and the practical challenges for mergers during the COVID-19 outbreak
Freshfields Bruckhaus Deringer (Brussels)
Belgique 5 contributions 1116 visites
,
Freshfields Bruckhaus Deringer (Brussels)
Belgique 6 contributions 862 visites
COVID-19 is impacting all sectors of the economy and society, and merger review is no exception. Competition authorities are struggling to balance the need for business continuity and compliance with administrative deadlines on the one hand, with a variety of practical challenges on the other. (...)

The US FTC introduces temporary electronic HSR filing and stops granting early terminations for all filings due to COVID-19 measures
Sheppard Mullin (Los Angeles)
États-Unis 12 contributions 2094 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1801 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1962 visites
…
In response to COVID-19, the FTC’s Premerger Notification Office (PNO) just announced several changes for all Hart-Scott-Rodino (HSR) filings going forward. While these changes have been described as temporary, no specific end date has been identified. Hard copy HSR filings will no longer be (...)

The US DoJ and FTC issue guidance on merger review during the COVID-19 outbreak and confirm that they continue to operate despite merging parties expecting lengthier reviews
Jones Day (Washington)
États-Unis 20 contributions 3900 visites
,
Jones Day (Washington)
États-Unis 20 contributions 6391 visites
,
Jones Day (Washington)
États-Unis 3 contributions 472 visites
…
The FTC and DOJ have adopted new procedures in response to the novel coronavirus (COVID-19) pandemic. The changes are intended to help the agencies stay open during the crisis, but merging parties should expect lengthier antitrust reviews until normal operations resume. All merger filings (...)

The US DoJ and FTC implement policies in response to COVID-19 including new measures to the HSR e-filing system
White & Case (Brussels)
Belgique 50 contributions 37864 visites
,
White & Case (Washington)
États-Unis 6 contributions 2326 visites
,
White & Case (Washington)
États-Unis 3 contributions 956 visites
…
Last week, in response to the outbreak of the Coronavirus disease (COVID-19), the antitrust agencies in the United States and European Union issued policies that will affect, and may delay, merger filings and reviews. On March 13, 2020, the US Department of Justice (“DOJ”) and Federal Trade (...)

The French Competition Authority clears a merger in the insurance market (Macif / Aésio)
French Competition Authority (Paris)
France 741 contributions 394629 visits
The Autorité de la concurrence clears the merger of the Macif and Aésio insurance groups* On 7 February 2020, the Macif and Aésio groups notified the Autorité de la concurrence of their planned merger. Parties to the transaction The MACIF group is a French insurance group active mainly (...)

The US DoJ and FTC implement a temporary e-filing system for premerger notification documents
Cadwalader Wickersham & Taft (New York)
États-Unis 4 contributions 1759 visites
As businesses and government agencies continue to take measures in response to the new coronavirus, one area of notable change is the federal merger clearance process. On March 13, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) implemented a temporary e-filing (...)

The US FTC Premerger Notification Office temporarily institutes mandatory e-filing system as a special measure due to COVID-19
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40165 visits
Premerger Notification Office Implements Temporary e-Filing System* Due to the developing COVID-19 coronavirus pandemic, and consistent with guidance from the Office of Personnel Management, the Premerger Notification Office (PNO) will implement a temporary e-filing system. During this (...)

The UK Competition Authority approves a media company’s acquisition of almost 50 radio stations, subject to a requirement that local radio stations have access to advertising representation (Bauer Media Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Final decision published in radio merger inquiry* The CMA will ensure local radio stations have access to advertising representation following an in-depth investigation into Bauer’s purchase of almost 50 stations. The Competition and Markets Authority (CMA) has investigated Bauer Media’s (...)

The US DoJ and FTC publish a public statement regarding their ongoing commitment to antitrust enforcement in mergers and acquisitions during the COVID-19 crisis
Morgan Lewis (New York)
États-Unis 10 contributions 2623 visites
,
Morgan Lewis (Washington)
United States 13 contributions 3196 visits
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges. Recently, leaders of both the US Antitrust (...)

The Indian Competition Authority approves the acquisition of additional equity shares in a financial company by two existing shareholders to avoid dilution (Hero / Otter / Link)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8389 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10229 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10295 visites
…
HFL, is a non-deposit taking non-banking financial company registered with the Reserve Bank of India (“RBI”). It is primarily engaged in the businesses of consumer finance and different types of commercial lending. Otter is an investment company incorporated in Mauritius and controlled by (...)

The UK Competition Authority finds competition concerns in Phase I investigation of proposed educational publishing merger (McGraw-Hill / Cengage)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
Educational publishing merger raises competition concerns* The CMA has found that McGraw-Hill’s takeover of competitor Cengage could leave students worse off. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought about by the proposed merger could (...)

The Croatian Competition Authority clears concentration between marinas on the Adriatic coast (Venilia Investments)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
CCA clears concentration between marinas on the Adriatic coast* Venilia Investments is a part of CVC group – a special-purpose vehicle established exclusively for the purposes of this transaction. The implementation of the concentration concerned will produce effects in the provision of (...)

The US DoJ wins historic arbitration of a merger dispute forcing the merging parties to fully divest their entire aluminum auto body sheet operations in North America (Novelis / Aleris)
US Department of Justice (Washington)
United States 176 contributions 74404 visits
Justice Department Wins Historic Arbitration of a Merger Dispute* Novelis Inc. Must Divest Assets to Consummate Transaction with Aleris Corporation The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s (...)

The EU Commission clears proposed acquisition of joint control in the telecommunications sector (INWIT/ TIM / Vodafone)
Ashurst (Brussels)
Belgique 45 contributions 45868 visites
,
Ashurst (London)
United Kingdom 13 contributions 2402 visits
,
Ashurst (London)
United Kingdom 4 contributions 628 visits
On 6 March 2020, the European Commission ("Commission") cleared the proposed acquisition of joint control over INWIT by Telecom Italia ("TIM") and Vodafone in case M.9674, combining the parties’ Italian telecommunications tower holdings as part of their 5G roll-out plan. WHAT YOU NEED TO (...)

The EU Commission clears a joint venture agreement between two mobile network operators and explains why their network sharing agreement does not raise competition concerns (INWIT/ TIM / Vodafone)
Geradin Partners (Brussels)
France 20 contributions 38833 visites
,
Centre for IT & IP Law (CiTiP) (KU Leuven) (Brussels)
3 contributions 3588 visites
Network sharing and EU competition law in the 5G era: A case of policy mismatch* In January 2020, Vodafone Italia and Telecom Italia notified the Commission of a JV agreement to pool together their passive infrastructure. Under this agreement, Vodafone’s passive infrastructure is combined (...)

The Australian Competition Authority decides not to appeal the Federal Court’s decision in a merger which declared that it would not have the effect, or likely effect, of substantially lessening competition in the supply of retail mobile services (TPG / Vodafone)
Bird & Bird (Sydney)
Australia 21 contributions 2418 visits
,
Bird & Bird (Sydney)
Australia 28 contributions 3392 visits
The ACCC has decided not to appeal the Federal Court of Australia’s highly anticipated judgment in the TPG/Vodafone merger in which it declared that the proposed merger between the two parties would not have the effect, or likely effect, of substantially lessening competition in the supply of (...)

The New Zealand Competition Authority clears acquisition in the market for student management software for childcare providers (Juice Technologies / APT)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23654 visits
Commission grants clearance for Juice Technologies to acquire APT* The Commerce Commission has granted clearance for Juice Technologies Pty Limited (operating in New Zealand as Infocare Systems Limited) to acquire APT Business Solutions Limited (trading as APT Childcare). In reaching its (...)

The EU Court of Justice dismisses the appeal made by a Norwegian seafood company against the Commission’s decision which fined the company for putting into effect its acquisition of a salmon producer before getting the approval (Marine Harvest)
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5364 visits
,
Ashurst (Brussels)
Belgique 45 contributions 45868 visites
On 4 March 2020, the European Court of Justice ("ECJ") dismissed the appeal made by Norwegian seafood company Marine Harvest against a 2017 ruling of the General Court ("GC") confirming the European Commission ("Commission") 2014 decision fining Norwegian seafood company Marine Harvest for (...)

The EU Court of Justice upholds a gun jumping fine on a seafood company (Marine Harvest)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46181 visits
,
Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3936 visites
,
Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22017 visites
…
On 14 December 2012, Marine Harvest entered into a share purchase agreement under which it acquired a 48.5% stake in one of its competitors, Morpol. The transaction, which was not notified to the Commission, was completed on 18 December 2012. In 2013, Marine Harvest made a mandatory public (...)

The EU Court of Justice dismisses the appeal by a seafood company against the Commission’s fine for failure to notify an acquisition (Marine Harvest)
Weil, Gotshal & Manges (Brussels)
Belgique 2 contributions 744 visites
CJEU Confirms Double Trouble for Gun Jumpers* On 4 March 2020, the European Court of Justice (“CJEU”) rendered its judgment in the Marine Harvest case. The CJEU dismissed Marine Harvest’s appeal against a European Commission (“Commission”) decision in which the Commission imposed two (...)

The EU Court of Justice upholds the Commission’s fine against a fish farming and processing company for infringing merger control rules (Marine Harvest)
Hogan Lovells (London)
Royaume-Uni 17 contributions 3168 visites
,
Hogan Lovells (London)
United Kingdom 7 contributions 2835 visits
Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both failing to notify a merger and for ’jumping the gun’ in implementing the (...)

The EU Court of Justice upholds the Commission’s decision and fines a seafood company for gun jumping (Marine Harvest)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3591 visits
,
Linklaters (London)
United Kingdom 34 contributions 3098 visits
,
Zepos & Yannopoulos (Athens)
Greece 29 contributions 2425 visits
On 4 March 2020 the Court of Justice of the EU delivered its judgement with which it dismissed Marine Harvest’s appeal against the Commission’s decision imposing two separate fines (EUR10 million each) for failure to notify a transaction under Article 4(1) EUMR and for implementing that (...)

The French Competition Authority clears a merger subject to a structural remedy in the bakery market in La Réunion (Pain Frotté /Kin Siong / Lam Tow / Yong Wai Man)
French Competition Authority (Paris)
France 741 contributions 394629 visits
The Autorité de la concurrence clears, subject to conditions, the takeover, in La Réunion, of the bakery group Pain Frotté by the groups Kin Siong, Lam Tow and Yong Wai Man* The Pain Frotté group operates artisanal bakeries in La Réunion under the trade names “L’Ambassadeur”, “Délicatesses (...)

The Spanish Competition Authority opens a Phase II investigation into a proposed merger that would create the largest company in the national funeral services market (Santa Lucía / Funespaña)
Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
,
Bird & Bird (Madrid)
Espagne 29 contributions 4676 visites
At the end of last year, a major Spanish insurance group -Santa Lucía- notified to the Spanish Competition authority (the "CNMC") a proposed merger whereby it would acquire the funeral businesses of Funespaña (a subsidiary of Mapfre, a direct competitor of Santa Lucía). This acquisition will (...)

The German Competition Authority clears a merger between cinema chains subject to divestitures (CinemaxX / Cinestar)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Vue Group (CinemaxX) can acquire Cinestar cinemas subject to conditions* Bonn, 2. March 2020: The Bundeskartellamt has today cleared the merger between the cinema chains CinemaxX and Cinestar subject to the condition that the cinema operators divest cinemas at six different locations to (...)

The German Competition Authority clears a merger in the market for manufacturing chocolate and nougat spreads (Krüger Group / Peeters)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Chocolate and nougat spreads – Merger between Krüger Group and Peeters cleared* Bonn, 2 March 2020: The Bundeskartellamt has cleared the acquisition of the Dutch Peeters group, a manufacturer of chocolate and nougat spreads, by Wilhelm Reuss GmbH, a member of the Krüger Group based in (...)

State Aid

 The EU Commission approves €200 million Irish scheme in the form of repayable advances to companies affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Commission approves €200 million Irish scheme to support the economy in the current coronavirus outbreak* The European Commission has found a €200 million Irish scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The scheme was approved (...)

The EU Commission approves a French scheme deferring payment by airlines of certain taxes to mitigate the economic impact of COVID-19 the outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves French scheme deferring payment by airlines of certain taxes to mitigate economic impact of coronavirus outbreak* The European Commission has found a French scheme deferring the payment by airlines of certain aeronautical taxes to be in line with EU State aid (...)

The Ukrainian Supreme Court upholds the decision of the Competition Authority and rules that in State aid cases the Authority does not have to analyze the effect of aid on trade within the EU (Vinnytsya Transport Company)
Baker McKenzie (Kyiv)
Ukraine 1 contribution 59 visites
,
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9452 visites
The Ukrainian Supreme Court concludes that in state aid cases the Antimonopoly Committee of Ukraine does not have to analyse the effect of aid on trade between Ukraine and the EU* On 31 March 2020, the Ukrainian Supreme Court (the “Supreme Court“) upheld the first decision of the (...)

The EU Council announces that it will suspend airport slot requirements to help mitigate the economic impact of COVID-19 on airlines including State aid in different forms
Morgan Lewis (London)
Royaume-Uni 1 contribution 520 visites
,
Morgan Lewis (London)
United States 13 contributions 5650 visits
,
Morgan Lewis (London)
Royaume-Uni 8 contributions 1631 visites
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year. The waiver of the (...)

The EU Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to coronavirus outbreak* The European Commission has found France’s €1.2 billion scheme to support small and micro-enterprises as well as (...)

The EU Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by coronavirus outbreak* The European Commission has found a DKK 1 billion (approximately €130 million) Danish liquidity guarantee scheme for small and medium-sized enterprises (SMEs) (...)

The EU Commission approves €1.75 billion Estonian schemes to support companies with loan guarantees and direct loans under favorable terms during COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €1.75 billion Estonian schemes to support economy in coronavirus outbreak* The European Commission has approved two Estonian State aid schemes to support the Estonian economy in the context of the coronavirus outbreak. The schemes were approved under the State (...)

The EU Commission amends Short-term export-credit insurance Communication in light of the economic impact of COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission amends Short-term export-credit insurance Communication in light of economic impact of coronavirus outbreak* The European Commission has decided to temporarily remove all countries from the list of “marketable risk" countries under the Short-term export-credit insurance (...)

The EU Commission approves Luxembourg guarantee measure to further support economy in COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves Luxembourg guarantee measure to further support economy in coronavirus outbreak* The European Commission has approved today another Luxembourg State aid scheme to support the Luxembourgish economy in the context of the coronavirus outbreak. The scheme was (...)

The EU Commission consults with the Member States on extending the State aid Temporary Framework for the COVID-19 pandemic with 5 new measures
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Coronavirus: Commission Statement on consulting Member States on the proposal to extend State aid Temporary Framework* This evening, the European Commission has sent to Member States for consultation a draft proposal to extend the State aid Temporary Framework adopted on 19 March 2020 to (...)

The EU Commission introduces a Temporary Framework which enables governments to offer extensive State-backed loans to the aviation industry affected by COVID-19
Selbständig (Zurich)
Suisse 1 contribution 234 visites
,
Shearman & Sterling (London)
United Kingdom 30 contributions 14035 visits
,
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 8 contributions 3374 visites
…
Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation industry is strictly regulated by the European Commission (the (...)

The EU Council supports in a virtual meeting the State aid framework that allows Member States to provide relief to the companies and citizens
BEUC (Brussels)
Belgique 4 contributions 2240 visites
EU competition law and the COVID-19 pandemic - a consumer perspective* We are living through unprecedented challenges in Europe and around the world. Despite the efforts of the European Union and its Member States to contain the spread of the Sars-CoV-2 virus, infection rates are on the (...)

The EU Court of Justice partially annuls a State aid granted by Greece in the context of the privatisation of a large nickel producer (Larko)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
On 26 March 2020, the Court of Justice partially annulled the judgment of the General Court concerning State aid granted by Greece in the context of the privatisation of Larko, a large nickel producer. The Court of Justice found that the ruling at first instance had wrongly applied the Private (...)

The EU Court of Justice annuls the General Court’s decision which ruled that the Greek authorities should have known about the State aid public loan when there was no proof that they were aware of it (Larko)
Maastricht University
Belgium 353 contributions 64122 visits
Advantage Must be Proven, Not Assumed* Introduction When a company gets into financial trouble, public subsidies may provide a temporary respite but hardly ever a permanent solution if the company does not undertake painful restructuring. More than 10 years ago, Larko, a Greek mining (...)

The EU Commission approves two separate UK State aid schemes to support SMEs in the context of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
The European Commission has approved two separate UK State aid schemes to support small and medium-sized enterprises (SMEs) in the context of the coronavirus outbreak. The schemes were approved under the State aid Temporary Framework to support the economy in the context of the COVID-19 (...)

The EU Commission approves the Italian State guarantee supporting a debt moratorium from banks to SMEs affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
The European Commission has approved the Italian State guarantee supporting a debt moratorium from banks to small and medium-sized enterprises (SMEs) affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework to support the economy in the context of (...)

The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak. Executive Vice-President Margrethe Vestager, in charge (...)

The EU Commission finds Luxembourg’s €300 million scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
The European Commission has found Luxembourg’s €300 million scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The scheme was approved under the State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak (...)

The EU Commission approves German direct grant scheme to support companies affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves German direct grant scheme to support companies affected by coronavirus outbreak* The European Commission has found a German scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The scheme was approved under (...)

The EU Commission approves German guarantee measure to further support economy in COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves German guarantee measure to further support economy in coronavirus outbreak* The European Commission has approved today another German State aid scheme to support the German economy in the context of the coronavirus outbreak. The scheme was approved under the (...)

The EU Commission approves €20 billion Spanish guarantee schemes for companies and self-employed affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €20 billion Spanish guarantee schemes for companies and self-employed affected by coronavirus outbreak* The European Commission has found two Spanish guarantee schemes for companies and self-employed workers affected by the coronavirus outbreak to be in line (...)

The EU Commission finds Latvian loan guarantee scheme and subsidised loan scheme of €250 million for companies affected by coronavirus outbreak to be in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves state support for €250 million Latvian subsidised loan scheme and loan guarantee scheme for companies affected by coronavirus outbreak* The European Commission has found Latvian loan guarantee scheme and subsidised loan scheme for companies affected by (...)

The EU Commission approves €3 billion Portuguese State aid schemes for small and medium-sized companies and midcaps affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €3 billion Portuguese guarantee schemes for SMEs and midcaps affected by Coronavirus outbreak* The European Commission has found four Portuguese guarantee schemes for small and medium-sized enterprises (SMEs) and midcaps affected by the Coronavirus outbreak to (...)

The EU Commission approves a €50 million Italian State aid scheme to support the production and supply of medical devices during the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves €50 million Italian support scheme for production and supply of medical equipment and masks during Coronavirus outbreak* The European Commission has approved a €50 million Italian aid scheme to support the production and supply of medical devices, such as (...)

The EU Commission approves three French State aid schemes to support the economy in the context of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves French schemes to support economy in Coronavirus outbreak* The European Commission has approved three French State aid schemes to support the French economy in the context of the Coronavirus outbreak. The schemes were approved under the State aid Temporary (...)

The EU Commission approves a €130 million State aid scheme to help the Danish small and medium-sized enterprises affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves Danish guarantee scheme for SMEs affected by Coronavirus outbreak* The European Commission has found a DKK 1 billion (approx. €130 million) Danish guarantee scheme for small and medium-sized enterprises (SMEs) affected by Coronavirus outbreak to be in line with (...)

The EU Commission approves the Danish public financing of Fehmarn Belt fixed rail-road link
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
State aid: Commission approves Danish public financing of Fehmarn Belt fixed rail-road link* The European Commission has concluded that the public financing model of the Fehmarn Belt coast-to-coast infrastructure between Denmark and Germany is in line with EU State aid rules. Executive (...)

The EU Commission adopts a Temporary Framework for State aid in the context of the COVID-19 to support the economy
Morgan Lewis (London)
Royaume-Uni 26 contributions 9853 visites
The European Commission on 19 March adopted a Temporary Framework for State Aid to support the economy in the context of the COVID-19 outbreak, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, which enables the Commission to approve national support measures (...)

The EU Commission adopts a temporary framework for State aid measures to support the economy in the current COVID-19 outbreak
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
On 19 March 2020, the European Commission (the “Commission”) adopted the Temporary Framework for State aid measures to support the economy in the current COVID- 19 outbreak (the “Temporary Framework”), which was first amended on 3 April 2020. On 8 May 2020, the Commission adopted another (...)

The EU Commission adopts a new Temporary Framework to complement the existing State aid toolbox during the COVID-19 outbreak
Bird & Bird (Copenhagen)
Danemark 36 contributions 8069 visites
,
Bird & Bird (Brussels)
Belgium 42 contributions 12178 visits
The Coronavirus (COVID-19) pandemic has been declared an exceptional occurrence, paving the way for more and faster approval of national State aid initiatives in the EU. The massive and unprecedented financial impact on the world economy has led to a number of European governments promising (...)

The EU Commission adopts a Temporary Framework for the assessment of State aid granted to assist firms from entering into difficulties due to the COVID-19 outbreak
Norton Rose Fulbright (Brussels)
United States 31 contributions 13946 visits
In response to the COVID-19 crisis, European Union (EU) President von der Leyen has formed a team led by eight Commissioners to coordinate the EU response to the crisis. This team of Commissioners is advised by a new advisory panel of epidemiologists and virologists. The European Commission (...)

The EU Commission adopts a temporary framework allowing Member States to grant State aid to businesses to help them face the COVID-19 crisis
McDermott Will & Emery (Paris)
France 3 contributions 2276 visites
,
Eversheds Sutherland (Düsseldorf)
Allemagne 2 contributions 375 visites
,
McDermott Will & Emery (Dusseldorf)
Allemagne 16 contributions 6547 visites
…
On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus (COVID-19) health crisis. In the wake of this decision—and in a record time of (...)

The EU Commission takes an important step to facilitate State aid due to the COVID-19 crisis by adopting a temporary framework
Baker McKenzie (Brussels)
Belgique 3 contributions 546 visites
,
Baker McKenzie (Brussels)
Belgique 5 contributions 1901 visites
,
Van Bael & Bellis (London)
Royaume-Uni 11 contributions 2025 visites
Many businesses are increasingly facing severe business disruption and/or liquidity problems as the COVID-19 outbreak spreads. Supply chains are disrupted, workforces quarantined and customer demand is falling. In response, governments across the EU (and the UK) are pledging to do whatever it (...)

The EU Commission adopts temporary framework allowing Member States to support the economy during COVID-19 pandemic
BDK (Podgorica)
Monténégro 17 contributions 1410 visites
In the face of COVID-19 pandemic, a number of European countries are taking extraordinary measures in an effort to slow down the spread of infection and cope with the toll that the epidemic is taking on healthcare sector and economy in general. In addition to being a serious threat to life and (...)

The EU Commission announces a major relaxation of the State aid rules via a new Temporary Framework during the COVID-19 outbreak
Shearman & Sterling (London)
United Kingdom 30 contributions 14035 visits
,
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 8 contributions 3374 visites
,
European Commission - DG COMP (Brussels)
Belgique 13 contributions 10882 visites
…
How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to consider novel solutions to respond to rapidly evolving problems and to (...)

The EU Commission publishes its approach to State aid in the COVID-19 context
Hogan Lovells (Brussels)
Belgique 20 contributions 8700 visites
,
Bocconi University (Milan)
Italie 11 contributions 4079 visites
,
Hogan Lovells (Madrid)
Espagne 47 contributions 92215 visites
…
The COVID-19 pandemic has hit the European economy with brute force. Many businesses are facing drastic declines in revenues and are in urgent need of liquidity. Some have imposed temporary lay-offs or even face insolvency. The European Commission and most EU member states as well as the UK, (...)

The EU Commission adopts a Temporary Framework to support the economy in the context of the COVID-19 outbreak
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 30 contributions 32043 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 2 contributions 729 visites
,
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 8 contributions 8803 visites
On March 19, the Commission adopted a communication (the “Temporary Framework”) setting out a temporary framework for the implementation of less stringent State aid rules in order to support the economy in the context of the COVID-19 outbreak. Given the limited size of the EU budget, most of (...)

The EU Commission implements a temporary State aid framework to tackle the COVID-19 pandemic
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3591 visits
,
Linklaters (London)
United Kingdom 34 contributions 3098 visits
,
Zepos & Yannopoulos (Athens)
Greece 29 contributions 2425 visits
As part of its policy reaction to the Covid-19 pandemic, the European Commission has mobilised two instruments to assist Member States in dealing with the crisis: Article 107(2)(b) TFEU allowing for State aid to compensate damages caused by exceptional occurrences, and Article 107(3)(b) TFEU (...)

The EU Commission adopts a new Temporary Framework for State aid in the COVID-19 context to support the business suffering
White & Case (London)
Royaume-Uni 12 contributions 2820 visites
,
Deloitte (Brussels)
Belgique 12 contributions 4396 visites
,
White & Case (Brussels)
Belgique 10 contributions 2989 visites
…
The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the first time since the 2008 financial crisis that the Commission has (...)

The EU Commission adopts a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak
Van Bael & Bellis (Brussels)
Belgique 2 contributions 379 visites
,
Hogan Lovells (Brussels)
Belgique 37 contributions 6292 visites
On 19 March 2020, the Commission adopted a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Covid-19 Temporary Framework”). This Temporary Framework complements the Communication on a Coordinated economic response to the COVID-19 outbreak (...)

The EU Commission implements a specific and temporary framework for State aid measures to support the EU economy during the COVID-19 outbreak
BCTG Avocats (Paris)
France 7 contributions 2732 visites
,
BCTG Avocats (Paris)
France 1 contribution 264 visites
,
BCTG Avocats (Paris)
France 6 contributions 985 visites
The current health crisis related to the Covid-19 outbreak has forced several Member States of the European Union (hereinafter the “EU”) to take exceptional containment measures of their population which have resulted in a decrease in the companies’ cash flow and in a freeze on their (...)

The Latvian Government updates its regulations on working capital loans to mitigate the effects of COVID-19
TGS Baltic (Riga)
Lettonie 7 contributions 24341 visites
,
TGS Baltic (Riga)
Lettonie 1 contribution 15 visites
TGS Baltic offers up-to-date information on the availability of Covid-19 crisis mitigation measures and the newest regulatory changes. General In accordance with Cabinet Order No. 119 of 24 March 2020, which amends Cabinet Order No. 103 On the Declaration of Emergency Situation of 12 March (...)

The EU Commission adopts the temporary framework for State aid measures to support the economy during the COVID-19 outbreak
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
On 19 March 2020, the Commission adopted the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“Temporary Framework”). On 4 April 2020, it published a first amendment to the Temporary Frame- work, which significantly broadens its scope of (...)

The EU Commissioner Vestager announces a draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak
Shearman & Sterling (London)
United Kingdom 30 contributions 14035 visits
Member States of the EU and the U.K. are announcing massive support packages for companies affected by the coronavirus crisis. These interventions are on a vast scale. Unlike the 2008 financial crisis, the measures we are seeing this week are predominately fiscal rather than monetary policy (...)

The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58561 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26106 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31721 visits
…
As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

The EU Commission encourages the delay of merger notifications and electronic submission as special measures due to COVID-19
Bird & Bird (Copenhagen)
Danemark 36 contributions 8069 visites
,
Bird & Bird (Brussels)
Belgium 42 contributions 12178 visits
The Coronavirus (COVID-19) pandemic has been declared an exceptional occurrence, paving the way for more and faster approval of national State aid initiatives in the EU. The massive and unprecedented financial impact on the world economy has led to a number of European governments promising (...)

The EU Commission adopts a series of measures implementing a flexible approach for approving urgent aid granted by member states to companies affected by the COVID-19 outbreak
Sheppard Mullin (Brussels)
France 396 contributions 672885 visites
,
Sheppard Mullin (Brussels)
Belgique 14 contributions 18367 visites
,
Macfarlanes (Brussels)
Belgique 13 contributions 3853 visites
The unique EU State aid control law requires, in principle, prior notification by Member States and approval by the Commission of all State aid. During a time of crisis, like the COVID-19 pandemic, EU law allows for a flexible approach for approving urgent State aid. In this post, we discuss (...)

The EU Commission adopts the communication on the coordinated economic response to the COVID-19 outbreak
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
In the wake of the Covid-19 outbreak and its repercussions on businesses, Member States announced that they will adopt all necessary measures to help undertakings in difficulty. The Commission, well-aware of this, has already adopted measures to guide Member States and ensure that their aid (...)

The EU Commission recognises the hotel and leisure sector as one of the sectors hit hardest by the COVID-19 pandemic
Bird & Bird (London)
Royaume-Uni 1 contribution 110 visites
,
Bird & Bird (London)
Royaume-Uni 1 contribution 110 visites
,
Bird & Bird (Brussels)
Belgium 42 contributions 12178 visits
The European Commission has recognised the Hotel and Leisure sector as one of the sectors hit hardest by the COVID-19 outbreak. The impact of the COVID-19 crisis on the Hotel and Leisure sector is unparalleled. TheEuropean tourism industry is predicted to experience an estimated financial (...)

The Slovenian Ministry of Labour, Family, Social Affairs and Equal Opportunities drafts a measure which aims to retain jobs by protecting employees and, at the same time, assisting the affected companies during the COVID-19 outbreak
CMS Reich-Rohrwig Hainz (Ljubljana)
Slovénie 1 contribution 109 visites
This Monday, the European Commission President Ursula von der Leyen gave the green light to EU member governments to discuss and adopt state aid rules aimed to assist companies impacted by the coronavirus outbreak. State aid should only be used when it is the appropriate tool to benefit the (...)

The EU Commission takes extraordinary health State aid measures to minimize the economic fallout from COVID-19
Kirkland & Ellis (London)
Royaume-Uni 7 contributions 2007 visites
,
Kirkland & Ellis (Brussels)
Belgique 6 contributions 3406 visites
,
The Bar of Ireland - The Law Library
Irlande 3 contributions 1033 visites
EU State Aid and COVID-19* Overview Given the unprecedented challenge faced by European businesses in the wake of the public health measures being adopted, the EU and its Member States are taking extraordinary measures to minimise the economic fallout from COVID-19. Over the coming weeks, (...)

The EU Commission issues a communication recalling the various options for Member States that are within the rules and adopts a Temporary Framework for support measures to help with the effects of COVID-19 in order to prevent unfair distortions of competition and trade within the EU’s internal market
WilmerHale (Brussels)
Allemagne 1 contribution 423 visites
,
WilmerHale (Brussels)
Belgique 6 contributions 2186 visites
,
WilmerHale (Brussels)
Belgique 3 contributions 1419 visites
…
The COVID-19 crisis is first and foremost a health issue, as governments around the world seek to limit and treat its effects and save lives. However, it is also an immediate economic and social issue, as companies and individuals strive to deal with its effects on their livelihoods—from (...)

The EU Commission approves a COVID-19 related measure aimed at compensating event organizers for losses caused by the cancellation
Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 290 visites
,
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 9 contributions 3251 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 30 contributions 32043 visites
…
Recognizing the serious economic consequences that the COVID-19 crisis may create, on March 12 the Commission approved within 24 hours of notification a COVID-19 related measure in Denmark aimed at compensating event organizers for losses caused by cancellations. Following this initial ad hoc (...)

The EU General Court annuls the Commission’s decision that a football club received over €20 million in unlawful State aid (Valencia Club)
Oxera (Brussels)
Belgique 13 contributions 13193 visites
The General Court has annulled the European Commission’s decision that Valencia Club de Fútbol (Valencia CF) received over €20m in unlawful state aid. Oxera undertook the financial analysis that supported Valencia CF’s appeal to the General Court, and which underpinned the annulment of the (...)

The Slovenian Ministry of Labour prepares State aid measures to assist the affected companies by the COVID-19 outbreak
CMS Reich-Rohrwig Hainz (Ljubljana)
Slovénie 1 contribution 109 visites
On Monday March 9th, the European Commission President Ursula von der Leyen gave the green light to EU member governments to discuss and adopt state aid rules aimed to assist companies impacted by the coronavirus outbreak. State aid should only be used when it is the appropriate tool to (...)

The EU Commission approves the first COVID-19 related State aid notification submitted by Denmark within 24 hours of the notification to compensate damages caused by cancellations of large public events
Deloitte (Brussels)
Belgique 12 contributions 4396 visites
,
White & Case (Brussels)
Belgique 10 contributions 2989 visites
,
CELIS Institute (Berlin)
Allemagne 7 contributions 2260 visites
…
As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the economy. Across the EU, measures vary, from governmental loans and (...)

The EU Court of Justice orders to pay a penalty of €80,000 per day for failing to fully recover incompatible State aid (Commission / Italy)
Maastricht University
Belgium 353 contributions 64122 visits
Non-recovery of Incompatible State aid Is Costly* Introduction The 2020 Temporary Framework for State aid to combat covid-19 has a much wider scope in comparison to other State aid regulations and guidelines. Normally, State aid regulations and guidelines exclude, for example, undertakings (...)

The EU Commission decides that Italy granted unlawful State aid in favour of the hotel industry that should be recovered (Italy / Commission)
Allen & Overy (Brussels)
Belgium 28 contributions 3265 visits
,
Bird & Bird (Brussels)
Belgium 42 contributions 12178 visits
In 2008, the European Commission decided that Italy had granted unlawful State aid in favour of the hotel industry in Sardinia. Consequently, Italy was required to recover that unlawful aid, totalling at about EUR 13.7 million. On 29 March 2012, the Court of justice upheld the arguments of (...)

The EU Court of Justice issues a judgment clarifying the rights of interested parties in the context of State aid investigations (Gdynia / Kosakowo)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
On 11 March 2020, the Court of Justice of the European Union (the “ECJ”) set aside the General Court’s (“GC”) judgment of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v. Commission (T-263/15, the “GC judgment”), which had annulled the Commission Decision on State aid (...)

The Italian Supreme Court rules on the compatibility of state aid in the university education sector
BonelliErede (Brussels)
Belgique 28 contributions 23135 visites
,
Luiss Guido Carli University (Rome)
Italie 23 contributions 972 visites
,
BonelliErede (Brussels)
Belgique 24 contributions 1936 visites
…
On 11 March 2020, the Supreme Court delivered Decision No. 7012 in a case concerning alleged aid granted by the Italian Government to an inter-university consortium. Background & facts of the case In Decision No. 6009 of 22 October 2018, the Council of State rejects the appeals brought (...)

The EU Commission shows quick reflexes in its effort to alleviate the economic impact of the pandemic through the State Aid toolkit
Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 925 visites
,
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2260 visites
When the effects of the pandemic first became apparent, it also became clear that the European Commission would need to put forward all available tools to support EU’s economy. In this context, President of the European Commission, Ursula von der Leyen on 10th of Mach 2020, stated, amongst (...)

The EU Court of Justice clarifies the conditions in which a legal person liable to pay a tax can plead its incompatibility with the EU State aid rules before a national court (Vodafone)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33942 visits
On 3 March 2020, the Grand Chamber of the Court of Justice (the “ECJ”) delivered another judgment in the field of taxation and State aid (Vodafone Magyarország Mobil Távközlési Zrt., C-75/18). While this judgment does not substantially develop the case law in this field, it contains useful (...)

The EU Court of Justice rules on a preliminary ruling request regarding the Hungarian turnover taxes in the telecoms sector (Vodafone / Tesco / Google)
Maastricht University
Belgium 353 contributions 64122 visits
Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes* Introduction Recent cases involving “turnover” taxes have sparked a debate in the literature and on the conference circuit not only because they raise novel issues but also because of their implications for other taxes (...)

Procedures

 The Spanish Competition Authority makes available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19
Bird & Bird (Madrid)
Espagne 29 contributions 4676 visites
,
Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
The Spanish Competition authority (the "CNMC") has made available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19. During these exceptional circumstances, this mailbox is intended to resolve (...)

The Spanish Competition Authority launches an online hotline for reporting anti-competitive practices and making competition law inquiries related to practices adopted due to the COVID-19 outbreak
Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2117 visites
,
Gold Abocados (Madrid)
Espagne 3 contributions 567 visites
,
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31625 visites
The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries (...)

The Brazilian Competition Authority agrees to suspend deadline for implementing certain antitrust compliance commitments undertaken in a cartel case Settlement Agreement due to COVID-19 pandemic (Basso / Valbrás)
Caminati Bueno Advogados (São Paulo)
Brésil 6 contributions 3481 visites
,
Caminati Bueno Advogados (São Paulo)
Brésil 6 contributions 3481 visites
,
Caminati Bueno Advogados (São Paulo)
Brésil 5 contributions 3315 visites
Due to the impacts of the Covid-19 outbreak, the Brazilian Antitrust Authority (“CADE”) agreed to suspend the deadline for implementation of some antitrust compliance commitments undertaken in a Settlement Agreement (“Settlement”) in the context of a cartel investigation. In this short note (...)

The Indian Competition Authority extends its office closure and suspension of hearing all non-urgent cases in line with the Government’s response to the COVID-19 outbreak
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18387 visites
,
Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20412 visites
,
Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19312 visites
…
On 17 March, the CCI decided to adjourn all but urgent matters listed for hearing until 31 March 2020. A week later, on 23 March, it suspended: (a) all filings in relation to Sections 3 and 4 of the Competition Act (anti-competitive agreements and abuse of dominant position); (b) all (...)

The EU Commission launches a dedicated website about which EU-wide cooperation initiatives tackling the COVID-19 crisis are compatible with EU competition law
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817080 visits
Antitrust: The Commission remains committed to providing swift antitrust guidance on cooperation initiatives in view of the coronavirus crisis* Today, the European Commission launched a dedicated website to provide guidance to companies, associations and their legal advisors where there is (...)

The Czech Competition Authority clarifies competition law enforcement during the COVID-19 pandemic
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6267 visits
COMPETITION LAW ENFORCEMENT DURING THE CRISIS CAUSED BY COVID-19 DISEASE* Countries around the globe are currently facing an unprecedented crisis caused by pandemic of the Covid-19 disease, which causes both health and economic difficulties. The Office is aware of the fact that in these (...)

The Czech Competition Authority adopts several measures related to the social and economic consequences caused by the COVID-19 pandemic
Dentons (Prague)
Czech Republic 14 contributions 3245 visits
,
Bird & Bird (Prague)
Czech Republic 25 contributions 4319 visits
Like many other public authorities, the Czech Office for the Protection of Competition (the Office) has adopted several measures related to the social and economic consequences caused by COVID-19. In order to minimize personal contact, the Office has limited public access to the Office’s (...)

The Mexican Competition Authority clarifies enforcement of the Federal Economic Competition Law during the COVID-19 health emergency
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
COFECE’s position for enforcing the Federal Economic Competition Law in light of the current health emergency* Collaboration agreements between economic agents will not be prosecuted as long as they don’t have the objective of displacing competitors and are necessary, given the present (...)

The Australian Competition Authority publishes its response to the COVID-19 pandemic to adjust the focus of its regulatory activities
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82376 visits
ACCC response to COVID-19 pandemic* The ACCC is highly conscious of the impact COVID-19 is having on Australian consumers and businesses, and has adjusted the focus of its regulatory activities accordingly. Most businesses are facing severe disruption, particularly small businesses, and (...)

The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measures
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18137 visits
Clarifications regarding the procedural deadlines of the agency due to the Provisional Measure No. 928, of 23 March 2020* The Administrative Council for Economic Defense (Cade), due to the Provisional Measure No. 928, of 23 March 2020, which included the article 6°-C in the Law No. 13.979, (...)

The EU Commission and EU Member State Competition Authorities issue a joint statement on the application of competition law during the COVID-19 crisis in the context of the European Competition Network
Hogan Lovells (Brussels)
Belgique 6 contributions 3283 visites
,
Hogan Lovells (Milan)
Italie 4 contributions 1055 visites
,
Hogan Lovells (Brussels)
Belgique 4 contributions 1202 visites
…
Cooperation in the life sciences industry and EU competition law in the context of COVID-19 The life sciences industry is facing unprecedented demands due to COVID-19. From front line carers to researchers and scientists, significant efforts are being put towards caring for those suffering (...)

The US DoJ and FTC issue a joint statement announcing an expedited antitrust procedure and provide guidance on collaborations of businesses working to protect the health and safety of Americans during the COVID-19 pandemic
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40165 visits
FEDERAL TRADE COMMISSION AND JUSTICE DEPARTMENT ANNOUNCE EXPEDITED ANTITRUST PROCEDURE AND GUIDANCE FOR CORONAVIRUS PUBLIC HEALTH EFFORTS* The Federal Trade Commission and the U.S. Department of Justice Antitrust Division today issued joint statement detailing an expedited antitrust (...)

The Luxembourg Competition Authority clarifies implications of the European Competition Network’s joint statement on competition law during the COVID-19 crisis and announces it will prioritize competition cases related to the pandemic
Luxembourg Competition Council (Liège)
14 contributions 1677 visits
Coronavirus (Covid-19) and the implications for competition law in Luxembourg - joint action of the "European Competition Network (ECN)"* The "European Competition Network (ECN)" issued a joint statement of the European competition authorities for the uniform application of competition law (...)

The European Competition Network issues a general joint statement on the application of competition rules during the COVID-19 outbreak
Dechert (Paris)
France 21 contributions 26413 visites
,
Dechert (Brussels)
Belgique 26 contributions 35567 visites
,
Dechert (Paris)
France 47 contributions 68604 visites
…
Key Takeaways Following several individual initiatives by member state competition authorities to temporarily relax competition rules in specific sectors, the European Competition Network (which includes the European Commission and all member state competition authorities) has issued a more (...)

The European Competition Network issues a joint statement on the application of competition law during the COVID-19 crisis, including allowing companies cooperation to meet demand, and reminding that excessive pricing will be sanctioned
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217963 visits
Antitrust: Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis* The ECN is fully aware of the social and economic consequences triggered by the COVID-19 outbreak in the EU/EEA. The different EU/EEA competition instruments have (...)

The European Competition Network and individual EU Member State publishes statements in response to antitrust enforcement due to the COVID-19 outbreak
8 contributions 8568 visites
,
WilmerHale (Brussels)
Belgique 3 contributions 756 visites
,
WilmerHale (Brussels)
Belgique 3 contributions 1419 visites
…
The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued statements in response to antitrust enforcement and COVID-19, focusing on (...)

The European Competition Network issues a joint statement announcing that its members will not actively intervene against ’necessary and temporary’ measures to avoid a shortage of supply during the COVID-19 outbreak
McDermott Will & Emery (Dusseldorf)
Allemagne 14 contributions 5152 visites
,
McDermott Will & Emery (Dusseldorf)
Allemagne 16 contributions 6547 visites
,
Milbank (London)
Royaume-Uni 21 contributions 12196 visites
Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to (...)

The European Competition Network assists and advises companies on the application of the competition rules during the COVID-19 crisis
Crowell & Moring (Brussels)
Belgique 1 contribution 205 visites
,
Crowell & Moring (Washington)
États-Unis 1 contribution 205 visites
,
Crowell & Moring (Brussels)
Belgique 2 contributions 2282 visites
European Competition Authorities Provide Guidance on Application of Competition Rules in Times of COVID-19* As the economy in Europe is facing serious challenges due to the COVID-19 outbreak, the European competition authorities are ready to assist and advise companies on the application of (...)

The European Competition Network publishes a brief joint statement on the application of competition law during the COVID-19 crisis
Orrick, Herrington & Sutcliffe (Brussels)
Belgique 3 contributions 806 visites
,
Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26111 visits
In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN) have published a brief joint statement on the application of competition law during the Covid-19 crisis. If one may regret that its content remains too high-level, it is an (...)

Compétence : Le Conseil d’État renvoie une affaire au Tribunal des conflits en estimant la Cour d’appel de Paris compétente pour connaître de la demande tendant à enjoindre à l’Autorité de republier une décision de mesures conservatoires (Google)
L’actu-concurrence (Paris)
France 4634 contributions 1197899 visites
Le 20 mars 2020, le Conseil d’État a rendu une décision dans l’affaire des mesures conservatoires mettant en demeure Google de clarifier la procédure de suspension des comptes Google Ads pour « contenus trompeurs ou interdits ». Toutefois, le présent litige ne porte pas sur la licéité des (...)

The UK Competition Authority launches a COVID-19 task force to both ensure compliance in the markets affected by the public health emergency and advises the Government on competition law matters during the Covid-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
CMA launches COVID-19 taskforce* The CMA is today launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. The outbreak of COVID-19 is an unprecedented and rapidly evolving challenge that has prompted many concerns that businesses might exploit the (...)

The Belgian Competition Authority switches completely to teleworking due to COVID-19 and invites companies to delay all non-urgent mergers
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22766 visits
COVID-19 measures* The offices of the Belgian Competition Authority (BCA) are closed until further notice. All staff members are teleworking and the handling of cases will continue. While we strive to ensure the continuity of public service, the containment measures imposed by the (...)

The US Senate passes the CARES Act as a response to the COVID-19 crisis and tackles numerous issues on several fronts to stabilise the economy
White & Case (Washington)
États-Unis 14 contributions 4065 visites
,
White & Case (Washington)
États-Unis 3 contributions 646 visites
,
White & Case (Washington)
United States 13 contributions 3728 visits
…
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are (...)

The Mexican Competition Authority suspends legal timeframes for most procedures due to COVID-19, except for mergers, public tenders, concessions, and permits
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
The Board of Commissioners decrees to stop legal terms for some procedures filed before COFECE* This measure does not apply to procedures for the notification of concentrations, the verification of notifications for concentrations that were legally bound to be presented before the Commission, (...)

The Spanish Competition Authority suspends most procedures in line with the Government’s Royal Decree declaring a state of alert but keeps open the e-services portal for procedures whose parties can prove that delay is against the public interest
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30062 visits
CoVid-19- Announcement from the CNMC on the timelines for administrative procedures* "Additional provision 3 of Royal Decree 463/2020 of 14 March, declaring the state of alert to manage the health crisis situation caused by COVID-19, provides for the suspension of periods and timelines for (...)

The Hungarian Competition Authority switches all operations to telework, suspends all hearings, and asks new merging parties to consider postponing their mergers as measures due to COVID-19 outbreak
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19031 visits
Information on the operation of the Hungarian Competition Authority due to the situation of the pandemic* Dear Clients and Colleagues, We would like to inform you that due to the state of emergency (State of Emergency) declared by the Government Decree 40/2020 (III.11.) on 11 March 2020, (...)

The Luxembourg Competition Authority switches to working remotely due to the COVID-19 crisis
Luxembourg Competition Council (Liège)
14 contributions 1677 visits
Coronavirus: Update from the Competition Council* Following government instructions and to ensure the safety of all, our teams switched to telecommuting. Be sure that we have taken all necessary measures to maintain our activities and continue to accompany you, without taking unnecessary (...)

The UK High Court provides guidance on balancing the conflicting interests in cases involving the protection of a Big Tech company’s confidential and technical information on its search algorithms (Foundem / Google)
DLA Piper (London)
Royaume-Uni 3 contributions 647 visites
,
Hausfeld (London)
Royaume-Uni 8 contributions 1993 visites
,
Hausfeld (London)
Royaume-Uni 5 contributions 1014 visites
…
Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

The French Supreme Administrative Court issues a ruling that in the absence of special text specifying a longer prescription period for the repayment of European aid granted, only the four-year limitation period provided for in Article 3 of Regulation 2988/95 is applicable (Société Maison Ginestet)
Baker McKenzie (Paris)
France 16 contributions 5440 visites
A dispute concerning the repayment of European aid intended to support the promotion of wines allowed the Conseil d’Etat (Council of State) to settle two questions concerning, on the one hand, the rules of prescription applicable in the event of litigation relating to the payment of European (...)

The Russian Supreme Court and the Council of Judges issue a joint resolution to address measures Russian State Courts must take to limit the spread of COVID-19
Dechert (Washington)
États-Unis 1 contribution 160 visites
,
Dechert (Moscow)
Russie 1 contribution 160 visites
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19 (the “Resolution”). The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the (...)

The UK Competition Authority switches to telework, suspends almost all physical shipments of documents, but promises to continue processing cases by set deadlines amid COVID-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95361 visits
COVID-19: CMA working arrangements* Along with other businesses and organisations, the CMA continues to monitor the outbreak of COVID-19 and has adjusted its working arrangements in response. The Competition and Markets Authority (CMA) is concerned above all to ensure the safety and (...)

The Malaysian Competition Authority temporarily closes its offices following the Government’s Movement Restriction Order due to COVID-19
Malaysia Competition Commission (Kuala Lumpur)
Malaisie 1 contribution 168 visites
NOTICE OF TEMPORARY CLOSURE OF MyCC OFFICE* In light of the current situation regarding the COVID-19 outbreak in Malaysia and the recent Movement Restriction Order announced by the Honorable Prime Minister on the 16th of March 2020; the Malaysia Competition Commission (MyCC) will be closing (...)

The Belgian Federal Government mitigates the negative effects of the COVID-19 crisis on Belgian companies and associations in light of the current lockdown measures
Van Bael & Bellis (Brussels)
Belgique 2 contributions 144 visites
As is the case in many other European countries, the Belgian Federal Government is trying to further mitigate the negative effects of the Covid-19 crisis on Belgian companies and associations in light of the current confinement measures. Amongst other initiatives, it is preparing a draft act (...)

The German Competition Authority remains operational amidst COVID-19 outbreak, but asks undertakings to postpone submitting non-urgent cases
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Communication with the Bundeskartellamt (Coronavirus measures)* The Bundeskartellamt’s operating capacity is currently ensured. We will inform you without delay of any limitations that may arise in the context of the coronavirus pandemic. You can contact us as usual by e-mail, phone, or (...)

The Austrian Competition Authority temporarily suspends most business operations and announces an electronic system for submitting merger notifications as special measures due to COVID-19
Austrian Competition Authority (Vienna)
Austria 63 contributions 7176 visits
Corona (Covid-19) Update Further measures by the Austrian Federal Competition Authority 16. March 2020* The AFCA is doing its utmost in the current situation to maintain at least limited business operations, taking into account the current circumstances in terms of organisation, human (...)

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak
US Department of Justice (Washington)
États-Unis 3 contributions 9879 visites
,
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 2 contributions 8031 visites
,
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 12 contributions 23408 visites
…
I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in (...)

The UK Competition Appeal Tribunal rules that class certification in a follow-on damages claim raises novel legal issues and cannot be determined at a preliminary stage (Michael O’Higgins / Philip Evans / Barclays / MUFG Bank)
Osborne Clarke (London)
United Kingdom 28 contributions 719 visits
Brief summary of facts The collective proceedings combine follow-on claims for damages under S. 47A of the CA 1998 caused by the proposed Defendants’ infringement of Article 101(1) of the TFEU as determined in two EU cartel decisions from 16 May 2019: 1) The Forex - 3-way Banana Split (...)

The UK Competition Appeal Tribunal rules that the certification in a class action follow-on damages claim raises novel legal issues and cannot be determined at a substantive hearing (Michael O’Higgins / Philip Evans / Barclays / MUFG Bank)
Osborne Clarke (London)
United Kingdom 28 contributions 719 visits
Brief summary of facts The collective proceedings combine follow-on claims for damages under S. 47A of the CA 1998 caused by the proposed Defendants’ infringement of Article 101(1) of the TFEU as determined in two EU cartel decisions from 16 May 2019: 1) The Forex – 3-way Banana Split (...)

Dawn raids: The French Supreme Court confirms the validity of the use of "provisional closed seals" technique and the seizure of entire mailboxes in the context of an investigation into misleading commercial practices (Renault)
University of Paris I Panthéon-Sorbonne
France 396 contributions 454213 visits
,
Linklaters (Paris)
France 6 contributions 1572 visites
In a decision dated 4 March 2020, the Criminal Division of the Court of Cassation confirmed and specified the procedures for conducting [OVS visits and seizures] authorized by the liberty and detention [judge (juge des libertés et de la détention JLD]) in the context of an investigation (...)

The Turkish Competition Authority opens an investigation against an undertaking operating in the automotive sector in order to re-evaluate its previous decision since it was annulled by the 13th Chamber of Council of States (SCT)
ACTECON (Istanbul)
Turkey 27 contributions 9503 visits
,
ACTECON (Istanbul)
Turkey 23 contributions 3932 visits
,
ACTECON (Istanbul)
Turkey 18 contributions 2975 visits
The Undertakings Operating in the Automotive Sector under the Review of the TCA Once Again* Introduction In the previous days, the Turkish Competition Authority (“TCA”) resolved under its decision dated 26.03.2020 and numbered 20-16/234-M to open an investigation against the undertaking (...)

Regulatory

 The Australian Competition Authority authorizes medicine wholesalers to cooperate and to facilitate the distribution of essential medication and pharmacy products during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82376 visits
Medicine wholesalers to co-operate on access to pharmaceutical products* Wholesalers of medicines will be able to co-operate to facilitate distribution of essential medication and pharmacy products after being granted interim authorisation by the ACCC. This follows an application by the (...)

The Australian Competition Authority provides an interim authorisation for the Australian Banking Association and banks in order to cooperate on loan relief and services during COVID-19 crisis
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82376 visits
Banks authorised to co-operate on loan relief and services* The ACCC has provided a second, conditional, interim authorisation for the Australian Banking Association (ABA) and banks to co-operate to provide supplementary relief packages for individuals and businesses affected by COVID-19. (...)

The Mexican Competition Authority publishes its digital strategy outlining the procedure for analysis and investigations in digital markets
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26042 visits
COFECE publishes its COFECE Digital Strategy, explaining the actions it will undertake to successfully address analyses and investigations in digital markets* The Mexican Federal Economic Competition Commission (COFECE or Commission) presents to the general public the document COFECE Digital (...)

The UK Government passes emergency legislation to amend the Competition law to help healthcare, grocery, and ferry companies during the COVID-19 pandemic
MemeryCrystal (London)
États-Unis 12 contributions 2972 visites
Emergency Amendments to UK Competition Law to Help Maintain Supply of Essential Goods & Services in Face of COVID-19 Outbreak* The UK Government passed emergency legislation to amend UK competition law on 27th March 2020 to help healthcare, grocery and ferry companies maintain the (...)

The EU Commission publishes its first official guidance on the application of the FDI Regulation and states that during the COVID-19 pandemic there could be an increased risk of attempts to acquire healthcare capacities
Norton Rose Fulbright (Brussels)
United States 31 contributions 13946 visits
On March 25, 2020, the European Commission (EC) published its first official guidance (the Guidance) on the application of Regulation 2019/452 (the FDI Regulation), which created a new framework for screening foreign direct investments (FDI) into the European Union (EU). The EC noted that, in (...)

The EU Commission issues guidelines concerning foreign direct investment and free movement of capital from third countries to protect the EU’s critical assets
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3591 visits
,
Linklaters (London)
United Kingdom 34 contributions 3098 visits
,
Zepos & Yannopoulos (Athens)
Greece 29 contributions 2425 visits
On 25 March 2020, the European Commission issued Guidance concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (the “FDI Screening Regulation”) in October (...)

The EU Commission issues guidance to Member States concerning foreign direct investment during the COVID-19 outbreak
Hogan Lovells (Paris)
France 1 contribution 284 visites
,
Hogan Lovells (Brussels)
Belgique 2 contributions 622 visites
,
Akin Gump Strauss Hauer & Feld (London)
Royaume-Uni 1 contribution 284 visites
…
The disruption linked to COVID-19 already affects the global economy significantly, including M&A transactions in Europe and across the globe. On the regulatory side, many deals face challenges caused by national authorities’ reduced capacities, while some authorities struggle to uphold (...)

The EU Commission issues guidance on the screening of foreign direct investments in the context of the COVID-19 pandemic
British Business Bank (London)
Royaume-Uni 1 contribution 1138 visites
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 5 contributions 1791 visites
,
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 8 contributions 3089 visites
…
In a March 25, 2020 communication, the European Commission (“EC”) issued guidance on the screening of foreign direct investments (“FDI”) in the context of the COVID-19 pandemic. The communication identifies an increased risk of attempts by non-EU acquirers to obtain control over suppliers of (...)

The EU Commission issues guidelines on foreign investments to protect against predatory buyers during the COVID-19 pandemic
Morgan Lewis (Frankfurt)
Allemagne 4 contributions 1469 visites
,
Linklaters (Brussels)
Belgique 2 contributions 692 visites
,
Morgan Lewis (Frankfurt)
Allemagne 8 contributions 2902 visites
…
The European Commission on March 25 issued guidelines addressed to its member states outlining an EU-wide approach for foreign direct investment screening. The guidelines seek to protect EU companies as well as critical assets that are essential for the EU’s security and public order, (...)