May 2023

General antitrust

 The German Competition Authority publishes the final report on its sector inquiry into non-search online advertising which confirms the significant market position of a Big Tech company (Alphabet / Google)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Inquiry into non-search online advertising: significant market position of Alphabet/Google, insufficient transparency in programmatic advertising* Bonn, 31 May 2023: Today the Bundeskartellamt has published the final report on its sector inquiry into non-search online advertising. Andreas (...)

The Canadian Competition Authority makes three recommendations to improve competition in the cannabis industry
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau provides recommendations to improve competition in the cannabis industry* The Competition Bureau presents its submission to Health Canada and the Expert Panel in response to their legislative review of the Cannabis Act. The Bureau believes that stronger competition in (...)

The South African Government publishes the energy user and energy supplier block exemptions regulations to allow for collaboration between energy users in response to electricity supply constraints
Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1709 visits
The Minister of Trade, Industry and Competition (MTIC) on Wednesday 24 May 2023 published the Energy Users Block Exemption and Energy Supplier Block Exemption. The Department of Trade, Industry and Competition (DTIC) is entitled to make regulations that are required to give effect to the (...)

The Czech Competition Authority concludes that there is no distortion of competition in the markets for five staple food products
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6320 visits
INVESTIGATION OF FIVE STAPLE FOODS SHOWS NO DISTORTION OF COMPETITION* The Office for the Protection of Competition (hereinafter referred to as "the Office") has carried out investigations in the field of basic agricultural products and food products over the last three months, along the (...)

The Slovak Competition Authority cooperates with the Regulatory Office for Network Industries to monitor the situation in the area of electricity supply
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5576 visits
AMO SR monitors situation in the area of electricity supply and cooperates with URSO* During recent period, the Antimonopoly Office of the Slovak Republic (hereafter "the Office") has been observing the development of situation on energy markets more intensively and monitoring the behaviour (...)

The German Competition Authority publishes the final report on its sector inquiry into messenger and video services
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Messenger and video services: Bundeskartellamt on data protection, transparency and interoperability* Today the Bundeskartellamt has published the final report on its sector inquiry into messenger and video services. Andreas Mundt, President of the Bundeskartellamt: “Messenger and video (...)

The European Court of Human Rights holds that transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Janssen de Jong)
European Court of Human Rights (Strasbourg)
France 4 contributions 5625 visits
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Ships Waste Oil Collector)
European Court of Human Rights (Strasbourg)
France 4 contributions 5625 visits
Ships Waste Oil Collector B.V. v. the Netherlands (no. 2799/16) The applicant company, Ships Waste Oil Collector B.V., is a company based in the Netherlands involved in the collection of waste liquids from ships in the Rotterdam region. The case concerns the transmission of data, lawfully (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to Dutch Competition Authority does not violate right to privacy and right to an effective remedy (Burando / Port Invest)
European Court of Human Rights (Strasbourg)
France 4 contributions 5625 visits
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the (...)

The Chinese State Administration for Market Regulation solicits public opinions on the Draft Regulation on Fair Competition Review
University of Chinese Academy of Social Sciences (Beijing)
3 contributions 4221 visites
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Hong Kong Competition Commission (Hong Kong)
Hong Kong 3 contributions 4221 visites
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University of Chinese Academy of Social Sciences (Beijing)
1 contribution 92 visites
On 12 May 2023, the State Administration for Market Regulation (SAMR), China’s central competition authority, released the Regulation on Fair Competition Review (Draft for Public Opinions Solicitation) (Draft). The final and official version of the Draft, Regulation on Fair Competition Review (...)

The EFTA Surveillance Authority holds that Iceland is in breach of EEA law for restricting market access for foreign bus operators
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
Iceland in breach of EEA law for restricting market access for foreign bus operators* The EFTA Surveillance Authority (ESA) has today sent a reasoned opinion to Iceland for failure to comply with EEA rules on provision of coach and bus cabotage operations. The relevant EEA rules provide a (...)

The Irish Competition Authority partners with the Research Council to fund research into the electric vehicle charging market aimed at identifying competition risks and harms to consumers
Irish Competition Authority (Dublin)
Ireland 103 contributions 16158 visits
CCPC partners with Irish Research Council to fund research into electric vehicle charging market* The Competition and Consumer Protection Commission (CCPC) is partnering with the Irish Research Council’s (IRC) New Foundations Scheme 2023. The scheme provides grants to pursue research, (...)

Anticompetitive practices

 The Canadian Competition Authority publishes a guideline to criminalise wage-fixing and no-poach agreements
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau publishes wage-fixing and no-poaching enforcement guidelines* Wage-fixing and no-poaching agreements will be illegal beginning on June 23, 2023. Today, the Competition Bureau published its wage-fixing and no-poaching enforcement guidelines. The guidelines provide (...)

The Canadian Competition Authority publishes enforcement guidelines on recently criminalized wage-fixing and no-poach agreements
Baker McKenzie (Toronto)
Canada 1 contribution 64 visits
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Baker McKenzie (Toronto)
Canada 1 contribution 64 visits
In brief The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers. Following a one-year grace period for permitted Canadian employers to ensure they are in compliance, the criminal prohibition (...)

The Croatian Competition Authority opens an infringement proceeding against a professional association of architects for price fixing (Croatian Chamber of Architects)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
CCA opens infringement proceeding against Croatian Chamber of Architects* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)

The UK High Court grants a partial exemption from a director disqualification order to a construction company involved in a bid-rigging cartel (Cantillon / Paul Cluskey)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8405 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 931 visits
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10BE5 (London)
United Kingdom 3 contributions 1007 visits
On 25 May 2023, the UK High Court (High Court) ordered that an individual disqualified by the Competition and Markets Authority (CMA) may continue as the director of Cantillon, a construction company fined £1.92 million for its involvement in a bid-rigging cartel. The High Court’s Order—which (...)

The Brazilian Competition Authority recommends convicting cartelists for price fixing, bid rigging, exchanging commercially sensitive information and market sharing in the nuclear power industry
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
Office of the Superintendent-General of CADE recommends convicting cartel in procurement for Angra 3 power plant services* The Tribunal of CADE is to adjudicate and give a final decision on the case. The Office of the Superintendent-General of CADE submitted for adjudication by the (...)

The UK Competition Authority provisionally finds that 5 banks broke competition law by exchanging information on their trading strategies on UK bonds (Citi / Deutsche Bank / HSBC / Morgan Stanley / Royal Bank of Canada)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
CMA provisionally finds 5 banks broke competition law on UK bonds* The CMA has provisionally found these banks unlawfully exchanged sensitive information regarding UK government bonds in one-to-one online chats. The Competition and Markets Authority (CMA) has provisionally found that 5 (...)

The Portuguese Competition Authority issues a Statement of Objections against a health food supplier for resale price maintenance (Dietmed)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28865 visits
AdC investigates resale price fixing of food supplements and health food products* The investigation The Competition Authority (AdC) is investigating an anti-competitive practice carried out by a health food supplier, by preventing its distributors from freely setting retail prices. The (...)

The Hong Kong Competition Authority commences further proceedings in the Competition Tribunal against two undertakings and one individual over an alleged cartel in the supply of air-conditioning works (ATAL Building / Johnson Controls / Mr Lee)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11380 visits
Competition Commission commences second set of proceedings concerning air-conditioning works in Competition Tribunal* As foreshadowed in the filing of a set of legal proceedings on 16 June 2022 in relation to suspected cartel conduct in the supply of air-conditioning works in Hong Kong (...)

The Brazilian Competition Authority signs a leniency agreement with a producer of car breaking systems for cooperating with an investigation into an information exchange cartel (Robert Bosch)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE signs agreement in cartel investigation related to international market of braking systems* On the hearing session of 10 May, the Tribunal of CADE signed a cease and desist agreement with the company Robert Bosch GMBH in a case related to a cartel in the international market of braking (...)

The EFTA Surveillance Authority initiates an investigation into exclusivity arrangements by the leading retailer of electronics in the Nordic region (Dixon / Elkjøp)
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
ESA initiates investigation into possible anticompetitive conduct by Elkjøp in electronic goods* The EFTA Surveillance Authority (ESA) has initiated formal antitrust proceedings against Dixon Stores Group Retail Norway AS, Elkjøp Nordic AS and Elkjøp Norge AS (jointly referred to as Elkjøp) (...)

The Romanian Competition Authority fines 3 butter producers €2.9M for obstructing a dawn raid which was carried out during the course of an investigation into price fixing (Albalact / Covalact / Dorna Lactate)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
COMPETITION COUNCIL FINED ALBALACT, COVALACT AND DORNA LACTATE WITH 2.9 MILLION EUROS* The Competition Council sanctioned Albalact, Covalact and Dorna Lactate, part of the French group Lactalis, with fines amounting 14.335.002,70 lei (approx. 2.9 million euros) for refusing to provide access (...)

The US District Court for the District of Massachusetts sides with the DOJ to halt an alliance in the airline industry (American Airlines / JetBlue)
US Department of Justice (Washington)
United States 176 contributions 74888 visits
Justice Department Statements on District Court Ruling Enjoining American Airlines and JetBlue’s Northeast Alliance* Attorney General Merrick B. Garland and Assistant Attorney General Jonathan Kanter for the Justice Department’s Antitrust Division issued the following statements today (...)

The US FTC approves final order requiring a glass manufacturer to drop noncompete restrictions that it imposed on workers (Anchor Glass Container)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40371 visits
FTC Approves Final Order Requiring Anchor Glass Container Corp. to Drop Noncompete Restrictions That It Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Anchor Glass Container Corp. illegally imposed (...)

The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
United States 176 contributions 74888 visits
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The US State of Minnesota Senate prohibits non-compete clauses in future contracts
McDermott Will & Emery (Chicago)
États-Unis 3 contributions 454 visites
Effective July 1, 2023, Minnesota will no longer allow covenants not to compete, with limited exceptions for the sale or dissolution of a business. The law is not retroactive, nor does it apply to nondisclosure agreements or client/customer nonsolicitation restrictions. While noncompete (...)

The Italian Court of Milan delivers a ruling in a private enforcement claim which extends the period of single and continuous infringement established by the EU Commission in Italy
Van Bael & Bellis (Brussels)
Belgium 2 contributions 206 visits
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Van Bael & Bellis (Brussels)
Belgique 29 contributions 5278 visites
On 15 May 2023, the Court of Milan delivered a judgment awarding damages in the context of a private enforcement action. The case constitutes a rare combination of a follow-on action based on a decision of the European Commission (“Commission”) of 2010 establishing a pan-European cartel in the (...)

The French Competition Authority carries out unannounced inspections in the passenger rail transport, distribution of travel agency services and products, and digital mobility systems sectors following alleged anticompetitive practices
French Competition Authority (Paris)
France 743 contributions 395396 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors* Following authorisation from a liberty and custody judge, (...)

The Austrian Supreme Cartel Court dismisses an appeal filed by a construction company for the correction of certain points in the Cartel Court’s decision (Construction cartel)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
Construction cartel: Supreme Cartel Court dismisses appeal in a correction procedure* In January 2023, a company fined by the Cartel Court filed for correction of certain points in the decision due to their being obviously inaccurate. The procedure was linked to AFCA’s investigations into (...)

The UK Government announces proposals to limit the duration of non-compete clauses in employment contracts to three months
White & Case (Brussels)
Belgium 35 contributions 13143 visits
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White & Case (London)
Royaume-Uni 3 contributions 577 visites
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White & Case (London)
Royaume-Uni 1 contribution 67 visites
In a policy paper on “Smarter Regulation to Grow the Economy”, the UK government has announced proposals to limit the duration of non-compete clauses in employment contracts to three months. This proposal reflects the growing concern worldwide concerning the use of non-competes. Earlier this (...)

The Dutch Competition Authority fines three egg-product companies for illegal price fixing agreements (Interovo / Wulro / Global)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
Three egg-product companies fined for illegal price-fixing agreements* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on three companies that purchase eggs (Interovo, Wulro and Global) for concluding illegal price-fixing agreements with regard to the purchase of (...)

The Brazilian Competition Authority initiates a preliminary investigation into abuse of dominance against two Big Tech companies in a case involving the ‘Fake News’ Bill (Google / Meta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE launches enquiry into abuse of dominant position by Google and Meta in case involving ‘Fake News’ Bill* On 2 May, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) launched a preliminary enquiry into alleged abuse of their dominant (...)

The Australian Competition Authority denies airline operators’ request for re-authorisation of their charter alliance agreement (Virgin Australia / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
ACCC denies re-authorisation of airline charter alliance* The ACCC has denied Virgin Australia Airlines and Alliance Aviation Services’ (ASX:AQZ) application for re-authorisation of their agreement to coordinate and jointly tender for and supply services to corporate customers, mainly for (...)

The Brazilian Competition Authority reaches a settlement with a heart diseases diagnosis and treatment device manufacturer due to its involvement in a cartel in the high technology medical devices market (Biotronik)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE signs agreement in cartel investigation related to procurement of orthotics and prosthetics* On 26 April, the Administrative Council for Economic Defense (CADE) signed a Cease and Desist Agreement with company Biotronik Comercial Médica in a proceeding related to a cartel in procurement (...)

The Austrian Competition Authority files an application to impose a fine of €3.5M on a construction cartel (Gebrüder Haider)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
Construction cartel update: Gebrüder Haider fine set at EUR 3.51 million* In October 2022, the AFCA applied to the Cartel Court for an appropriate fine to be imposed on the companies Gebrüder Haider Bauunternehmung Gesellschaft m.b.H., Gebrüder Haider & Söhne GmbH, Gebrüder Haider & (...)

The Danish Competition Authority issues a final fine for market sharing and anticompetitive pricing practices in the market for professional training (Nye Visioner)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35919 visits
Last fine for cartel co-operation within the business concept Nye Visioner* The case regarding cartel co-operation within the business concept Nye Visioner is now concluded. The company Nye Visioner v/Susanne Christtreu has accepted fine for having infringed the competition law by entering (...)

Unilateral Practices

 The Dutch District Court of Amsterdam accepts jurisdiction to adjudicate a damages claim against a Big Tech company fined by the EU Commission for abuse of dominance (Google Shopping)
Stek (Amsterdam)
Netherlands 1 contribution 68 visits
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Stek (Amsterdam)
Netherlands 1 contribution 68 visits
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Stek (Amsterdam)
Netherlands 1 contribution 68 visits
Jurisdictional Ruling against Google Confirms Sumal’s Liability Test: Setting a Precedent?* In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well (...)

The Croatian Competition Authority opens an ex officio infringement proceeding in the business-to-business food supply chain to identify whether a buyer-retailer used its strong bargaining power and imposed unfair trading practices on its supplier (Konzum)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
Implementation of the UTPs Act: CCA opens proceeding against KONZUM plus.* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing (...)

The Chinese State Administration for Market Regulation fines a pharmaceutical company for engaging in resale price maintenance (Zizhu Pharma)
Hogan Lovells (Beijing)
China 81 contributions 19899 visits
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2195 visits
On 29 May 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – published the decision against Zizhu Pharma on its webpage. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance (“RPM”), the antitrust lingo for (...)

The Romanian Competition Authority launches an investigation into a possible infringement of the competition rules by a multinational video game and digital entertainment company and its subsidiaries (Sony Interactive Entertainment)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited (...)

The Italian Competition Authority launches an investigation into the national football federation for an alleged abuse of dominance in the organisation of recreational-amateur competitions in the youth sector (FIGC)
Italian Competition Authority (Rome)
Italy 69 contributions 18418 visits
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau (...)

The Japanese Competition Authority issues a warning to a petroleum products retailer for selling at an excessively low price (SAN-AI Retail Service)
Japan Fair Trade Commission (Tokyo)
Japan 133 contributions 23955 visits
The JFTC Issued a Warning and Cautions to Petroleum Products Retailers that Operate Gas Stations in Tsuchiura City, Ibaraki Prefecture.* The Japan Fair Trade Commission (JFTC) today issued a warning to SANAI Retail Service Co., Ltd. (SAN-AI Retail Service) that operates a gas station in (...)

The Italian Competition Authority opens an investigation into a football federation for allegedly abusing its dominance by hindering third parties’ amateur competitions (FIGC)
Portolano Cavallo (Milan)
Italy 63 contributions 9840 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6820 visits
On May 16, 2023, the Italian Competition Authority (“AGCM” or “ICA”) launched an investigation to determine whether the Italian Football Federation (Federazione Italian Giuoco Calcio, or “FIGC”) abused a dominant position in breach of Article 102 of the Treaty on the Functioning of the (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules (...)

The French Competition Authority issues interim measures against a social media giant over an alleged abuse of dominance in the online ad verification sector (Meta)
French Competition Authority (Paris)
France 743 contributions 395396 visits
Online ad verification: The Autorité de la concurrence issues interim measures against Meta* Background Having received a complaint in October 2022 from the company Adloox SAS (hereinafter "Adloox") regarding practices implemented by the companies Meta Platforms Inc., Meta Platforms (...)

The French Competition Authority imposes interim measures by ordering a social media giant to define new objective, transparent, non-discriminatory and proportionate criteria to access its data (Meta)
Van Bael & Bellis (Brussels)
Belgique 41 contributions 11108 visites
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Van Bael & Bellis (Brussels)
Belgique 29 contributions 5278 visites
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14071 visits
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On 4 May 2023, the French Competition Authority (“FCA”) imposed interim measures on Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook France (“Meta”), to remedy the harm likely caused to the independent advertising verification sector and to the complainant Adloox SAS (“Adloox”) by (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Mexican Competition Authority initiates an abuse of dominance investigation in the market for the distribution and commercialization of scopolamine
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory* The Investigative Authority has indications of possible absolute monopolistic practices in the market for this active ingredient used in the manufacture of medicines. (...)

Mergers

 The South Korean FTC grants unconditional approval for a merger between a global provider of gaming consoles and a game developer company (Microsoft / ABK)
Korea Fair Trade Commission (Seoul)
North Korea 5 contributions 333 visits
KFTC grants unconditional approval to Microsoft-ABK merger* No competitive concerns raised in the Korean gaming market trough exclusive supply of ABK games Assessments vary among countries as competitive situation in each country’s gaming market differs The Korea Fair Trade Commission (led (...)

The Irish Competition Authority opens a Phase 2 investigation into a proposed acquisition in the market for waste and recycling (Thornton / The City Bin)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16158 visits
CCPC to carry out Phase 2 investigation of Thornton’s proposed acquisition of The City Bin Co* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by Padraig Thornton Waste Disposal Limited, which (...)

The Canadian Competition Authority enters into a consent agreement with a portable heating fuel supplier to address competition concerns regarding its acquisition of a rival (Superior / Certarus)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau reaches agreement with Superior to preserve competition in Canada’s portable heating fuels market* News release The Competition Bureau has entered into a consent agreement with Superior Plus Corp. to address competition concerns with its acquisition of Certarus Ltd. A (...)

The Australian Competition Authority opens a public consultation over a proposed acquisition of a hotel by a company operating pubs and liquor stores (Endeavour / Rye Hotel)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
Consultation opens on Endeavour’s proposed acquisition of Rye Hotel on the Mornington Peninsula* The ACCC is seeking views from consumers and businesses on the Mornington Peninsula, about Endeavour Group Limited’s proposed acquisition of the Rye Hotel in Rye, Victoria. Endeavour Group owns (...)

The Hellenic Competition Authority clears the acquisition of two providers of secondary education by a UK-based international investment firm (BC Partners / AKMI Educational / Metropolitan College)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Clearance of the concentration concerning the acquisition by BC Partners of sole control over AKMI Educational and Metropolitan College* By its Decision no 819/2023, adopted on the 30th of May 2023, the Hellenic Competition Commission (HCC), in Planary, unanimously approved, pursuant to (...)

The Irish Competition Authority issues an assessment of a proposed acquisition in the market for car parking management (Q-Park / Tazbell)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16158 visits
CCPC issues assessment to parties in relation to Q-Park / Tazbell Services* As part of its review process of the proposed acquisition by Q-Park Ireland Limited of the entire issued share capital of Tazbell Services Group Designated Activity Company, Sarlon Limited and Maukin Limited (see (...)

The Australian Competition Authority intends to block the acquisition of an independent supermarket by a large competing chain (Woolworths / SUPA IGA Karabar)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
ACCC opposes Woolworths’ acquisition of SUPA IGA Karabar* The ACCC opposes Woolworths’ proposed acquisition of the SUPA IGA in Karabar, NSW and its co-located Liquor Boss store, after concluding the transaction would be likely to substantially lessen competition in the supply of groceries in (...)

The UK Competition Appeal Tribunal announces the receipt of an application to review the Competition Authority’s decision to prohibit the acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
Arthur Cox (Dublin)
Ireland 6 contributions 2984 visits
This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond. (...)

The Mexican Competition Authority fines three water and waste management companies for failing to complete the procedure for the notification of concentrations (Engie / Suez / Veolia)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
Cofece fines three water and waste management and treatment companies with more than 11 million pesos for failing to complete the procedure for the notification of concentrations.* Cofece urges companies to respect the procedures established in the Federal Economic Competition Law. The (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues over the acquisition of a chicken breeder by a poultry producer (Inghams / Bromley Park Hatcheries)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
Statement of Preliminary Issues released for Inghams’ proposed acquisition of certain assets from Bromley Park Hatcheries* The Commerce Commission has published a statement of preliminary issues relating to an application from Inghams Enterprises (NZ) Pty Limited seeking clearance to acquire (...)

The Belgian Competition Authority approves the acquisition of a company active in the construction of roads by a construction and civil engineering firm (Soga Group / Verbraeken Drilling)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22884 visits
The Belgian Competition Authority approves the acquisition of sole control of the Soga Group by Verbraeken Drilling Infra NV* On 25 May 2023, the Belgian Competition Authority (BCA) approved the acquisition of sole control of the Soga Group by Verbraeken Drilling Infra NV. The (...)

The EU Commission approves a merger between two Swiss banks and permits a derogation from the standstill obligation (Credit Suisse / UBS)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission approves the merger between Credit Suisse and UBS* The European Commission has approved unconditionally, under the EU Merger Regulation, the merger between Credit Suisse and UBS. The Commission concluded that the transaction would not raise competition concerns in the (...)

The EU Commission clears the acquisition of a provider of ‘two-way’ satellite-based communication services by a rival following an in-depth investigation (Viasat / Inmarsat)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission clears Viasat’s acquisition of Inmarsat* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission concluded that the merger would not raise competition concerns in the European (...)

The Austrian Competition Authority conditionally clears a merger in the broadcasting sector (Austrian Broadcasting Corporation / Radioplayer)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
Press release merger BWB/Z-6244: ORF / RIG Radio Innovations GmbH / Radioplayer Österreich GmbH* Merger between ORF and RIG Radio Innovations GmbH cleared subject to conditions On 13 April 2023 the Austrian Federal Competition Authority (AFCA) was notified of a merger that involved the (...)

The Australian Competition Authority authorises a joint venture between three gas producers to jointly market gas (Vintage / Metgasco / Bridgeport)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82519 visits
ACCC grants authorisation to Odin joint venture for marketing gas* The ACCC has granted authorisation for Vintage Energy Ltd, Metgasco Ltd and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited, to enter into joint gas marketing arrangements. (...)

The US FTC welcomes news that two medical device manufacturers have abandoned their proposed merger following investigations by multiple National Competition Authorities (Boston Scientific / M.I. Tech Co.)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40371 visits
Statement Regarding the Termination of Boston Scientific Corporation’s Attempted Acquisition of a Majority Stake in M.I. Tech Co., Ltd.* In response to the announcement that Boston Scientific Corporation and non-vascular stent manufacturer M.I. Tech Co., Ltd. have terminated their $230 (...)

The French Competition Authority clears the acquisition of sole control of a power plant operator’s steam power division by a multinational petroleum company (GE / EDF)
French Competition Authority (Paris)
France 743 contributions 395396 visits
The Autorité de la concurrence clears the acquisition of sole control of General Electric’s GE Steam Power division by EDF* Background On 14 April 2023, EDF notified to the Autorité de la concurrence of its plan to take control of the activities of General Electric group’s GE Steam Power (...)

The Belgian Competition Authority approves the acquisition of a provider of IT retail telecommunication services by a provider of IT network infrastructure (NeWIN / Ethias group)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22884 visits
The Belgian Competition Authority approves the acquisition of NeWIN and its subsidiaries Wallonie Data Center and Phenix Data Center by the Ethias group* The Belgian Competition Authority (hereinafter "BCA") approved on 24 May 2023 the concentration by which the Ethias group (hereinafter (...)

The Brazilian Competition Authority blocks the acquisition of an insurer specialising in health insurance by a rival (Hapvida / Grupo Smile)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18194 visits
CADE blocked Hapvida’s acquisition of Grupo Smile* The transaction could potentially reduce the competition in markets of the Brazilian Northeast. On 10 May, the Tribunal of the Administrative Council for Economic Defense (CADE) blocked Hapvida’s acquisition of Group Smile, a health (...)

The Belgian Competition Authority approves the acquisition of the commercial activities of a roadside assistance company by an insurer (Touring Club Royal de Belgique ASBL / AG Insurance)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22884 visits
The Belgian Competition Authority approves the acquisition of the commercial activities of the Touring Club Royal de Belgique ASBL by AG Insurance* The Competition College of the Belgian Competition Authority (BCA) approved on 22 May 2023 the acquisition by AG Insurance (AGI) of the (...)

The Dutch Competition Authority blocks the acquisition of a waste-management company by rival (AEB / AVR)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
ACM blocks acquisition of waste-management company AEB by rival company AVR* The Netherlands Authority for Consumers and Markets (ACM) blocks the acquisition of Amsterdam-based waste-management company Afval- en Energiebedrijf (AEB) by rival company Afvalverwerking Rijnmond (AVR). If the (...)

The New Zealand Competition Authority receives an acquisition application from a company making home ventilation systems seeking to take over a rival (Volution Group / Proven Systems)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
Volution Group seeks clearance to acquire Proven Systems* The Commerce Commission has received a clearance application from Volution Group plc to acquire 100% of the business and assets of Proven Systems Limited. The parties overlap in the supply of home ventilation systems. Home (...)

The UK Competition Authority raises concerns over the takeover of 12 independent veterinary businesses by a large multinational business in the same industry (Medivet)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
Vet business takeovers raise competition concerns for pet owners* CMA’s initial investigation into Medivet’s purchase of multiple independent vet businesses highlights potential price and quality issues The Competition and Markets Authority (CMA) has outlined its preliminary concerns that (...)

The South Korean FTC unconditionally approves a merger between two global investment banks (Credit Suisse / UBS)
Korea Fair Trade Commission (Seoul)
North Korea 5 contributions 333 visits
KFTC approves USB-Credit Suisse merger* No Competition Concers raised in the domestic financial Investment market Prompt review and approval to minimize financial shocks stemming overseas The Korea Fair Trade Commission (led by Chairperson Ki Jeong Han, hereinafter the “KFTC”) approved the (...)

The Czech Competition Authority fines a furniture chain for breaching commitments it made to remedy competition concerns arising from its acquisition of a rival (XLCEE-Holding)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6320 visits
THE OFFICE IMPOSED A FINE OF CZK 20 MILLION ON THE FURNITURE CHAIN XXXLUTZ FOR FAILING TO MEET ITS COMMITMENTS* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 20,324,000 on XLCEE-Holding GmbH, an (...)

The EU General Court dismisses an application to annul the Commission’s declaration of a concentration to be compatible with the common market due to the applicant’s lack of locus standi (enercity / E.ON / RWE)
Van Bael & Bellis (Brussels)
Belgique 34 contributions 7633 visites
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14071 visits
On 17 May 2023, the General Court dismissed an application for annulment brought against a European Commission (“Commission”) decision declaring a concentration to be compatible with the common market due to the applicant’s lack of standing (Case T-321/20, enercity v Commission). The judgment (...)

The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain* The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)

The EU Commission clears an acquisition application by the Slovenian second largest retail fuel supplier seeking to acquire a rival (OMV Slovenija / MOL)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission clears acquisition of OMV Slovenija by MOL, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of OMV Slovenija by MOL. The approval is conditional on the divesture of 39 fuel stations in Slovenia to the (...)

The EU General Court declares inadmissible an action seeking to block a complex acquisition of assets by a German energy utility of a French State-backed rival on the grounds that the third party which brought the action was not sufficiently active during the merger procedure (enercity / E.ON / RWE)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102741 visits
The action brought by the German municipal authority enercity against the approval by the Commission of the acquisition of generation assets of E.ON by RWE is inadmissible* The General Court provides clarification in that context of the novel question of the burden of proof so far as (...)

The EU General Court rejects a claim alleging the Commission was mistaken to treat a complex merger involving several transactions separately and endorses the analysis and decision-making process (EVH / E.ON / RWE)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102741 visits
The action brought by the German electricity producer EVH against the approval by the Commission of the acquisition of E.ON assets by RWE is dismissed* The General Court points out in particular that an asset swap between independent undertakings does not constitute a ’single concentration’ (...)

The Romanian Competition Authority approves the takeover of an IT service provider by four related tech companies (Bittnet Systems / Dendrio Solutions / Cătălin-Cristian Georgescu / Constantin-Adrian Savu / Dataware Consulting)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF DATAWARE CONSULTING BY BITTNET SYSTEMS, CĂTĂLIN-CRISTIAN GEORGESCU AND CONSTANTIN-ADRIAN SAVU* The Competition Council approved the transaction by which Bittnet Systems S.A., Dendrio Solutions S.R.L., Cătălin-Cristian Georgescu and (...)

The EU General Court dismisses a third-party’s challenge to the Commission’s approval of an energy assets acquisition and clarifies the concept of a “single concentration” in relation to asset swaps (EVH / E.ON / RWE)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9547 visits
On 17 May 2023, the General Court issued a ruling that dismissed a third-party challenge to the European Commission’s (“Commission”) approval of RWE/E.ON Assets and clarified the concept of a “single concentration” in relation to asset swaps. RWE and E.ON, two energy companies, entered into (...)

The French Competition Authority approves an application by two passenger transport companies to jointly acquire an electric moped rental company (RATP / CDC / Cityscoot)
French Competition Authority (Paris)
France 743 contributions 395396 visits
The Autorité de la concurrence clears the joint control of Cityscoot by RATP and Caisse des Dépôts et Consignations* Background On 26 July 2022, RATP Capital Innovation, a subsidiary of RATP group, and Caisse des Dépôts et Consignations notified the Autorité de la concurrence of their plan (...)

The New Zealand Competition Authority receives a clearance application from an Australian-based poultry seeking to acquire a day-old chicks seller (Inghams / Bromley Park Hatcheries)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
Inghams seeks clearance to acquire certain assets from Bromley Park Hatcheries* The Commerce Commission has received a clearance application from Inghams Enterprises (NZ) Pty Limited (Inghams) to acquire the assets of the Cobb Commercial and Riverland businesses of Bromley Park Hatcheries (...)

The Belgian Competition Authority approves the acquisition of a company operating several car dealerships by a rival (Monserez / Pautric)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22884 visits
The Belgian Competition Authority approves the acquisition of the Monserez group by the Pautric group* The Belgian Competition Authority (hereinafter "BCA") approved on 16 May 2023 the concentration by which the Pautric Group, through its Belgian subsidiary Pautric Invest SA, acquires sole (...)

The US FTC opposes a biopharmaceutical giant’s $27.8B acquisition of a global biotechnology company on the grounds that the deal will entrench a monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40371 visits
FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

The Romanian Competition Authority approves a merger transaction involving a cement manufacturer and a building material producer (Holcim / Betonexpres)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
The Competition Council approved the transaction by which Holcim (Romania) S.R.L. takes over the mobile concrete station in Florești, Cluj county, which belongs to Betonexpres S.R.L. Holcim (Romania) deals mainly with the manufacture of cement. The company manufactures and markets cement, (...)

The Romanian Competition Authority approves the takeover transaction involving a fruit and vegetable processing company and food processing firm (Morad Foods / Prefera Trading)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF PREFERA TRADING BY MORAD FOODS* The Competition Council approved the transaction by which Morad Foods in Bucharest, part of the Morad Group, intends to take over the company Prefera Trading in Alba county. Morad Food processes and preserves (...)

The EU Commission conditionally approves the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission clears acquisition of Activision Blizzard by Microsoft, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Activision Blizzard (‘Activision’) by Microsoft. The approval is conditional on full compliance (...)

The EU Commission sends a Statement of Objections to a Korean airline over its proposed acquisition of a rival (Korean Air / Asiana)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission sends Korean Air Statement of Objections over proposed acquisition of Asiana* The European Commission has informed Korean Air of its preliminary view that its proposed acquisition of Asiana may restrict competition in the markets for passenger and cargo air transport (...)

The Saudi Arabian Competition Authority grants conditional approval for the acquisition of a market data provider by an innovative technical solutions company (Tadawul Advanced Solutions / Direct Financial Network)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1585 visits
Tadawul Advanced Solutions Company / Direct Financial Network Company (Direct FN)* Tadawul Advanced Solutions Company and Direct Financial Network Company (Direct FN) (Transaction Parties) submitted obligations to the General Authority for Competition in Saudi Arabia (the Authority) in order (...)

The Hellenic Competition Authority clears the acquisition of a firm active in the market for the development, production and distribution of pharmaceutical and vitamin products by a distributor of pharmaceutical and cosmetic products (INNOVIS / GAP)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Clearance of the notified concentration concerning the acquisition by the company under the name "INNOVIS PHARMA SA, " of sole control over the company ’GAP S.A.’.* By its Decision no 817/2023, adopted on the 5th of May 2023, the Hellenic Competition Commission (HCC), in Chamber, unanimously (...)

The UK Competition Authority approves a merger in the satellite communications market (Viasat / Inmarsat)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
Satellite merger approved after in-depth CMA probe* Following a provisional clearance in March, the CMA is now allowing the proposed merger of Viasat and Inmarsat to go ahead. Phase 2 investigation finds that – while Viasat and Inmarsat compete closely – the merged company will be challenged (...)

The New Zealand Competition Authority grants clearance for a proposed acquisition in the passive mobile telecommunications infrastructure industry (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
Commission grants clearance for passive mobile tower assets deal* The Commerce Commission has granted clearance for Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks Limited and Two Degrees Mobile Limited (...)

The UK Competition Authority publishes a notice of possible remedies based on its finding that a merger between two vehicle companies is likely to worsen vehicle salvage service options for car insurers (Copart / Hills Motors)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
Merger could worsen vehicle salvage service options for UK car insurers* The CMA has provisionally found that Copart’s completed purchase of Hills Motors raises competition concerns in the supply of vehicle salvage services in the UK. An in-depth investigation by the Competition and (...)

The US DoJ reaches settlement in suit to block a proposed acquisition of a residential door hardware manufacturer’s business division by a rival (ASSA ABLOY / Spectrum)
US Department of Justice (Washington)
United States 176 contributions 74888 visits
Justice Department Reaches Settlement in Suit to Block ASSA ABLOY’s Proposed Acquisition of Spectrum Brands’ Hardware and Home Improvement Division* The Department of Justice announced today that it has reached a settlement in its litigation regarding ASSA ABLOY AB’s (ASSA ABLOY) proposed (...)

The Irish Competition Authority conditionally clears a proposed acquisition in the wholesale distribution of food and grocery goods market (BWG Foods / Tuffy Wholesale)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16158 visits
CCPC requires binding commitments from BWG to acquire Tuffy’s Wholesale* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of the entire issued share (...)

The Hellenic Competition Authority clears the proposed acquisition of a company active in the aggregates sector by a rival (Lafarge Beton / Larsinos)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." of sole control over the company ’LARSINOS S.A.’* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON (...)

The New Zealand Competition Authority releases a statement of preliminary issues for a proposed acquisition involving a multinational chemical and consumer goods company and an eco-friendly consumer products business (Henkel / Earthwise)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23784 visits
Statement of Preliminary Issues released for Henkel’s proposed acquisition of the Earthwise brand and business* The Commerce Commission has published a statement of preliminary issues relating to an application from Henkel New Zealand Limited seeking clearance to acquire the Earthwise brand (...)

The EU Commission clears the acquisition of an aluminium producer by a supplier of aluminium foundry alloys (Hydro / Alumetal)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
Mergers: Commission clears Hydro’s acquisition of Alumetal* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Alumetal by Norsk Hydro. The Commission concluded that the merger would not raise competition concerns in the European (...)

The Spanish Competition Authority initiates disciplinary proceedings against a telecommunications company for entering into an exclusive broadcasting agreement with a sports streaming firm in breach of a merger commitment (Telefónica / Dazn)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30117 visits
The CNMC initiates disciplinary proceedings against Telefónica for the agreement with Dazn regarding the exclusive rights to Formula 1* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Telefónica’s wholesale supply of its (...)

The Spanish Competition Authority approves a proposed acquisition in the maritime transportation sector subject to certain commitments following an in depth investigation (Terminal Ferry de Barcelona / Grimaldi)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30117 visits
The CNMC approves the acquisition of Terminal Ferry de Barcelona (TFB) by the Grimaldi group subject to commitments.* Grimaldi has undertaken, among other things, to relinquish and return part of its current concession in the port of Barcelona to the Barcelona Port Authority (APB). The (...)

The Romanian Competition Authority launches a public debate on commitments proposed by the parties to a potential pharmaceutical acquisition (Mediplus / Gedeon Richter / Pharmafarm)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
COMPETITION COUNCIL LAUNCHES PUBLIC DEBATE ON COMMITMENTS PROPOSED BY MEDIPLUS EXIM FOR TAKING OVER GEDEON RICHTER FARMACIA AND PHARMAFARM* The Competition Council has launched a public debate on the commitments proposed by Mediplus Exim SRL in order to remove the competitive concerns (...)

The Romanian Competition Authority approves the proposed acquisition in the production of labels market (All4Labels / Romprix Exim)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27934 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF ROMPRIX BY ALL4LABELS GROUP* The Competition Council approved the transaction by which All4Labels Group GmbH from Germany intends to take over Romprix Exim SRL from Ilfov County. All4Labels Group GmbH is part of All4Labels Group, an (...)

The Canadian Competition Authority seeks information to aid its investigation into a proposed bank merger (RBC / HSBC Canada)
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 21035 visits
Introduction Canada’s Competition Bureau (the ‘Bureau’), which assists the Commissioner of Competition (the ‘Commissioner’) in the administration and enforcement of the Competition Act (the ‘Act’), issued a request for information (‘RFI’) on 1 May 2023. This request aims to aid its (...)

The Canadian Competition Authority requests information from market participants for a proposed acquisition in the financial services market (RBC / HSBC Canada)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau seeks information from market participants to advance investigation of RBC’s proposed acquisition of HSBC Canada* Request for Information highlights areas under investigation The Competition Bureau has issued a request for information (RFI) to help gather facts about (...)

State Aid

 The EFTA Surveillance Authority adopts new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA States
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
ESA adopts revised guidelines on enforcement of State aid rules by national courts* The EFTA Surveillance Authority (ESA) has today adopted new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA states. The revised guidelines provide direction (...)

The EFTA Surveillance Authority initiates a formal investigation into an alleged State aid granted by the Norwegian authorities to a railway passenger-transport services and its subsidiary (Vygruppen)
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
ESA launches investigation into alleged State aid to Vygruppen* The EFTA Surveillance Authority (ESA) has today decided to initiate a formal investigation into alleged State aid granted by the Norwegian authorities to Vygruppen AS and its subsidiary. Vygruppen AS is owned by the Norwegian (...)

The EU General Court rules that the infringement of non-State aid rules may impact the compatibility of State aid (Ryanair)
Maastricht University
Belgium 353 contributions 64277 visits
How the Infringement of Non-State aid Rules Can Affect the Compatibility of State aid* Introduction It is now well-established that if a State aid measure is inherently or indissolubly linked to a an infringement of EU law outside the field of State aid it cannot be found to be compatible (...)

The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic (Ryanair)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29787 visits
The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic* The Commission failed to provide a statement of reasons for its finding that the measure at issue was not contrary (...)

The EU Commission approves a Polish scheme worth €1B to support agricultural producers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €1 billion Polish scheme to support agricultural producers in the context of Russia’s war against Ukraine* The European Commission has approved an approximately €1 billion (PLN 4.7 billion) Polish scheme to support the liquidity of agricultural producers in the (...)

The EU Commission approves a €1.3B Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €1.3 billion Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events* The European Commission has approved, under EU State aid rules, a €1.3 billion Polish scheme to support agricultural producers to pay (...)

The EU Commission approves Danish measures to support new export and investment fund
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves Danish measures to support new export and investment fund* The European Commission has approved, under EU State aid rules, Danish measures to set-up Denmark’s Export and Investment Fund (‘the Fund’), with a total estimated value of over €4 billion. The Fund (...)

The EU Commission approves €837M Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €837 million Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy* The European Commission has approved a €837 million Spanish scheme to support the production of batteries for (...)

The EU General Court confirms that Member States are at liberty to choose to whom they grant State aid and to decide how much aid they grant (Bastion)
Maastricht University
Belgium 353 contributions 64277 visits
The Temporary Framework Allows Member States to Grant Aid only to SMEs* Introduction Although discrimination is in general prohibited in the EU, the fact remains that in the field of State aid Member States may grant State aid only to certain companies and may also decide how much aid to (...)

The EU General Court annuls a decision by the Commission to permit State aid to a Nordic airline on the grounds that the aid failed to include a step-up mechanism (Ryanair)
Maastricht University
Belgium 353 contributions 64277 visits
Introduction Ryanair has challenged many Commission decisions authorising State aid for its rivals. In 2021 and 2022, the General Court delivered 12 judgments concerning covid-19-related aid granted to other airlines. Of those 12 judgments, Ryanair temporarily won only three. Its wins were (...)

The EU General Court annuls the approval of State aid to an airline, on the grounds that, inter alia, it could obtain financing from the market (Ryanair / Condor Flugdienst)
Maastricht University
Belgium 353 contributions 64277 visits
Introduction On the same day that the General Court ruled on the recapitalisation of SAS, it also ruled on the recapitalisation of Lufthansa in case T-34/21, Ryanair v European Commission.1 In the latter case, Ryanair sought the annulment of Commission decision SA.57153 of June 2020 by which (...)

The EU General Court annuls the approval decision of the Commission on the recapitalisation of a German airline company in the context of the COVID-19 pandemic (Ryanair / Condor)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102741 visits
The General Court annuls the decision of the Commission to approve the recapitalisation of Lufthansa by Germany, amounting to €6 billion euros, in the context of the COVID-19 pandemic* The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain (...)

The EU General Court upholds actions for annulment against decisions of the Commission authorising State aid to airlines during the Covid-19 pandemic (Ryanair / Condor)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1943 visits
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Van Bael & Bellis (Brussels)
Belgique 153 contributions 33998 visites
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Van Bael & Bellis (Brussels)
Belgium 2 contributions 206 visits
On 10 May 2023, the General Court (“Court”) delivered two judgments upholding Ryanair and Condor’s actions to annul the decisions of the European Commission (“Commission”) approving State aid granted by Germany to Lufthansa (Joined Cases T-34/21 and T-87/21) and by Sweden and Denmark to SAS (...)

The EU Commission approves €2.6B Swedish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €2.6 billion Swedish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €2.6 billion (SEK 29 billion) Swedish scheme to support companies active in southern Sweden in the context of Russia’s war (...)

The EU Court of Justice AG Kokott considers that the Commission erred in finding that Luxembourg had granted unlawful State aid to a utilities group of companies in the form of tax advantages (Engie)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102741 visits
Tax rulings: Advocate General Kokott considers that the Commission erred in finding that Luxembourg had granted unlawful State aid to the Engie group in the form of tax advantages* First, national law alone constitutes the reference framework and, second, only manifestly incorrect tax (...)

The EU Commission approves €1.47B Dutch schemes to reduce nitrogen deposition in nature conservation areas
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
State aid: Commission approves €1.47 billion Dutch schemes to reduce nitrogen deposition on nature conservation areas* The European Commission has approved, under EU State aid rules, two Dutch schemes with a total budget of around €1.47 billion to reduce nitrogen deposition on nature (...)

Procedures

 The EU General Court dismisses an action brought by a BigTech firm against a Commission decision seeking the disclosure of documents identified by means of search terms on the grounds that the decision is consistent with the principle of proportionality (Meta)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102741 visits
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)

The Austrian Supreme Cartel Court confirms that third parties not involved in cartel proceedings may only be granted access to the Cartel Court files if all the parties concerned agree
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
Supreme Cartel Court confirms its ruling on third-party access to files in cartel proceedings* The Federal Cartel Act (KartG) stipulates under “Protection of business secrets and access to files” that third parties not involved in cartel proceedings may only be granted access to Cartel Court (...)

Regulatory

 The Dutch Government introduces the Security Screening of Investment, Mergers and Acquisitions Act which establishes a mandatory notification requirement
Jones Day (London)
Royaume-Uni 3 contributions 615 visites
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Jones Day (Frankfurt)
Germany 17 contributions 3856 visits
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Jones Day (Paris)
France 9 contributions 1264 visites
…
In Short The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a mandatory notification requirement relating to investments in target (...)

The French Competition Authority issues an opinion on certain provisions of the draft law to secure and regulate the digital space
French Competition Authority (Paris)
France 743 contributions 395396 visits
Cloud computing: The Autorité de la concurrence issues an opinion on certain provisions of the draft law to secure and regulate the digital space* Background Referred to by the French Deputy Minister in charge of the digital transition and telecommunications, the Autorité has issued an (...)

The US Committee on Foreign Investment updates its FAQs to clarify that mandatory filings must be made before a transaction’s “completion date”
Baker McKenzie (Washington)
États-Unis 1 contribution 119 visites
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Baker McKenzie (Washington)
États-Unis 1 contribution 119 visites
On May 11, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) issued a Frequently Asked Question (“FAQ”), which calls into question the use of “springing rights,” a broadly used instrument to expedite financings while complying with mandatory filing requirements. The FAQ (...)

The US Committee on Foreign Investment updates its interpretation of the "completion date" for a transaction to mean the date on which a foreign person obtains any equity interest in a US business
White & Case (Washington)
États-Unis 3 contributions 2273 visites
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White & Case (Washington)
États-Unis 2 contributions 1285 visites
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White & Case (Washington)
États-Unis 2 contributions 1285 visites
…
The Committee on Foreign Investment in the United States (CFIUS) recently issued a new Frequently Asked Question (FAQ) that updates CFIUS’s interpretation of the "completion date" for a transaction, which represents a significant change for transaction parties that have for years relied upon (...)

The Swiss Federal Council decides to revise the draft investment control law and limit it to acquisitions of national companies by foreign State-controlled investors in critical sectors
Baker McKenzie (Zurich)
Suisse 1 contribution 172 visites
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Baker McKenzie (Zurich)
Suisse 1 contribution 172 visites
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Baker McKenzie (Zurich)
Suisse 1 contribution 172 visites
In brief Following pressure from parliament, the Swiss Federal Council last year launched a consultation process on new legislation for the review of foreign investments. In May 2023, the Swiss Federal Council has taken note of the results of the consultation on the proposed investment (...)

The French Treasury publishes its annual report on FDI control and screening of foreign investments
FGS Global (Paris)
France 3 contributions 1118 visites
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University of Strasbourg
France 4 contributions 1812 visites
On the 9th of May 2023, the French Directorate General of the Treasury (DG Trésor) released its annual report on its foreign direct investment (FDI) screening activity. The report provides key insights on both the priorities and the practices implemented by the Treasury in its screening of (...)

The US State of New York Assembly amends the Public Health Law to impose new notification requirements for healthcare transactions
Dechert (Washington)
États-Unis 6 contributions 11570 visites
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Dechert (Philadelphia)
États-Unis 1 contribution 358 visites
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Dechert (New York)
États-Unis 1 contribution 358 visites
Last month, New York State passed an amendment to the New York Public Health Law (the “NYPHL”) to require certain “health care entities” that are party to “material transactions,” including mergers and other change-of-control transactions, to provide written notice to the State Department of (...)

The US State of New York Assembly amends the Public Health Law to impose new notification requirements related to material transactions involving physician practices and management services organizations
Morgan Lewis (Philadelphia)
United States 6 contributions 852 visits
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Morgan Lewis (New York)
États-Unis 1 contribution 84 visites
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Morgan Lewis (Houston)
États-Unis 1 contribution 84 visites
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NEW YORK STATE: HEALTHCARE ENTITIES MUST DISCLOSE CERTAIN MATERIAL TRANSACTIONS* As part of the New York State budget for fiscal year 2023–2024, the New York State Assembly amended the New York Public Health Law to impose new notification requirements related to material transactions (...)