October 2020

General antitrust

 The Lithuanian Competition Authority enters into force its competition act with updates to fining powers and guarantees of independence
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20910 visits
Lithuanian Competition Law Amendments: From Fining Powers to Guarantees of Independence* On November 1 amendments to the Law on Competition of the Republic of Lithuania enter into force. These amendments are in line with the ECN+ Directive intended to empower the competition authorities of (...)

The Jersey Competition Authority publishes business connectivity market review consultation
Jersey Competition Authority (Saint Helier)
Jersey 4 contributions 205 visits
Competition Authority publishes Business Connectivity Market Review consultation* The Jersey Competition Regulatory Authority (the Authority) has published a consultation document as part of its review of business connectivity services in the Island, which consists primarily of leased lines. (...)

The Australian Competition Authority issues interim report on its first inquiry of digital services platforms which finds a surge in online messaging use during the COVID-19 pandemic as big digital platforms continue to expand
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Surge in online messaging use as big digital platforms continue to expand* Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple. The ACCC’s first Digital Platform (...)

The EU Commission conducts an extensive review in which it analyses the practice of applying the current vertical block exemption regulation and determines the scope and character of guidance to be provided
Bird & Bird (Warsaw)
Poland 19 contributions 3097 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3097 visits
Online platforms and e-commerce have significantly changed the business environment since the current Vertical Block Exemption Regulation (“VBER”) was adopted. They have had a huge impact on the way business is conducted and on the behaviours of consumers who can switch within different online (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
Slovaquie 6 contributions 1910 visites
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Čechová & Partners (Bratislava)
Slovaquie 13 contributions 18531 visites
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force (...)

The Italian Competition Authority celebrates 30 years and releases its 2019 annual report
Italian Competition Authority (Rome)
Italy 72 contributions 19332 visits
The Italian Competition Authority turns 30 and presents its 2019 Annual Report* On this occasion, the top management of the Authority, led by the President Roberto Rustichelli, were received by the President of Italian Republic, Sergio Mattarella, to whom they presented the Report on the (...)

The Slovak Competition Authority submits for public comment the competition act with amendments to the Competition Authority’s powers and merger control process
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5793 visits
Initiation of an inter-ministry comment procedure on the proposal of the Act on Protection of Competition and on the Amendments of Certain Acts* Antimonopoly Office of the Slovak Republic (hereafter "the Office") in cooperation with the Office of the Government of the Slovak Republic, the (...)

The Jersey Competition Authority highlights the value of competition in the Channel Island telecoms sector in the latest annual report
Jersey Competition Authority (Saint Helier)
Jersey 4 contributions 205 visits
Value of competition in the Channel Island telecoms sector highlighted in latest annual report* The telecoms sectors in Guernsey and Jersey generated over £170m in turnover, employed more than 800 people and contributed in excess of £21m in tax revenues in 2019, according to the latest (...)

The UK Competition Authority accepts the commitments by a major photo-sharing platform to tackle hidden advertising by social media influencers (Instagram)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
Instagram to tackle hidden advertising after CMA action* Following CMA action, Instagram will do more to prevent hidden advertising on its app and website, signalling an important behaviour shift by a major platform. Facebook Ireland Ltd, which operates Instagram in the UK, has committed (...)

The Mexican Competition Authority proposes 12 measures on economic competition matters to support the recovery of the national economy as a result of the COVID-19 health crisis
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30533 visits
COFECE proposes 12 measures on economic competition matters to support the recovery of the Mexican economy* As a result of the health crisis, markets could further concentrate. Guaranteeing inclusion and permanence of a wide range of companies is the best way to ensure a sustainable recovery (...)

The EU Commission calls for contributions regarding the relationship between competition and sustainability policies
Hogan Lovells (Munich)
Germany 65 contributions 25603 visits
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Hogan Lovells (Berlin)
Allemagne 1 contribution 298 visites
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4288 visits
With the announcement of the European Green Deal at the latest, the issue of sustainability and environmental protection has been pushed high up the agenda of competition law practitioners and scholars. With the recently published background paper of the German Working Group on Competition Law (...)

The EU Commission calls for contributions regarding the relationship between competition policy and sustainability
Bird & Bird (Belgium)
Belgique 3 contributions 281 visites
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Allen & Overy (Brussels)
Belgique 28 contributions 3387 visites
With climate change near the top of the international political agenda, the European Commission President Ursula Von der Leyen has made the Green Deal plan, together with the transition to a truly Digital Europe, into a key policy goal for her administration. The Green Deal is the action plan (...)

The EU Commission publishes a call for contributions to determine if and how competition policy can better support the European Green Deal
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40266 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 16 contributions 5455 visits
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Macfarlanes (Brussels)
Belgique 15 contributions 16628 visites
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On October 13, 2020, the European Commission published a call for contributions to determine if and how EU competition policy can better support the European Green Deal. The European Green Deal is a comprehensive action plan aimed at making Europe the world’s first climate neutral continent (...)

The EU Commission calls for contributions on the fundamental question of how competition rules and sustainability policies interact with each other, and what can be done better
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28772 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33292 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14321 visits
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Sustainability issues are increasingly high on the list of competition policy priorities both at the European Union and member state levels. The European Commission (EC) and national competition authorities are actively rethinking how competition policy can better support the transition to (...)

The EU Commission calls for contributions to gather ideas on how competition rules and sustainability policies can best work together
Latham & Watkins (Brussels)
Belgique 6 contributions 953 visites
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Latham & Watkins (Brussels)
Belgique 4 contributions 2664 visites
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Latham & Watkins (London)
Royaume-Uni 10 contributions 13120 visites
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The European Green Deal & Competition Policy – Call for contributions on how EU competition rules and sustainability policies can work together* On 13 October 2020, the European Commission (EC) published a call for contributions to gather ideas on how EU competition rules (State aid, (...)

The EU Commission, alongside the Dutch Competition Authority, consults on competition policy regarding sustainability
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14216 visits
Sustainability and antitrust – EU and Dutch consultations* Ensuring that global economic development is sustainable in light of climate change and other challenges is key to the European Union’s (the EU’s) Green Deal as well as EU Member State policies. Europe is taking the lead in this (...)

The EU Commission reflects on how to prevent competition rules standing in the way of sustainability initiatives
Bird & Bird (The Hague)
Netherlands 34 contributions 8954 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7391 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 3938 visits
Main points discussed in this article: Sustainability is one of the highest priorities of our times. Sustainability goals can only be achieved on time when companies will have more leeway to cooperate. Competition rules sometimes appear to present a barrier for much needed cooperation and (...)

The Chinese State-owned Assets Supervision and Administration Commission announces that the country is making steady progress on the mixed-ownership reform of central State-owned enterprises
Chinese State Council (Beijing)
Chine 2 contributions 536 visites
China makes steady progress on central SOE mixed-ownership reform* China has made progress on mixed-ownership reform of centrally-administered State-owned enterprises (SOEs), an official with the country’s top state-asset regulator said on Oct 12. Since 2013, central SOEs have received (...)

The Danish Competition Authority finds that competition in the market for recurring payments can be strengthened
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36449 visits
Competition in the Danish market for recurring payments can be strengthened* There is a potential for strengthening competition in the Danish market for recurring payments. That is the conclusion of the recently published analysis from the Danish Competition Council, which examines the (...)

The Hungarian Competition Authority signs cooperation agreement with the Ministry of Justice
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19884 visits
The Hungarian Ministry of Justice and the Competition Authority cooperate for fair competition* The Hungarian Ministry of Justice (IM) and the Hungarian Competition Authority (GVH) have signed a cooperation agreement. The cooperation will facilitate the professional work of the two (...)

The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections
Erdem & Erdem (Istanbul)
Turquie 1 contribution 129 visites
Introduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the (...)

The Croatian Competition Authority issues report on its groceries retail market inquiry
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20013 visits
Konzum Plus Remains the Leading Groceries Retailer, Schwarz Grupa on the Rise* The Croatian Competition Agency (CCA) carried out the Groceries retail market investigation, including food, beverages and sanitary products for households in Croatia for 2019. The total sample of 52 undertakings (...)

The Norwegian Competition Authority releases a survey of purchase prices faced by grocery chains in 2018 and 2019 which confirms 2017 findings of significant differences in purchasing conditions in certain cases
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3897 visits
New survey of purchase prices confirms significant differences* The Norwegian Competition Authority has examined the differences in purchase prices that Norwegian grocery chains faced in 2018 and 2019. The results confirm last years’ findings, based on data from 2017, that there are large (...)

The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8213 visits
Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 (...)

The Slovenian Competition Authority opposes the draft law proposing to merge it with multiple other sectoral regulators because the law is incompatible with EU Directive 1/2019 that empowers national competition authorities with more independence
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1116 visits
Draft law to merge key regulators into two agencies* Slovenian Competition Protection Agency (CPA) has on 1 October 2020 received the draft Act on the Public Agency of the Republic of Slovenia for Market and Consumers and the Public Agency of the Republic of Slovenia for Financial Markets (...)

The Mexican Competition Authority issues comments and recommendations concerning the regulation that modifies the scheme of permits for self-supply and cogeneration of electric energy
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30533 visits
COFECE issues comments and recommendations concerning the regulation that modifies the scheme of permits for self-supply and cogeneration of electric energy* In the opinion of the Commission, the draft could have effects contrary to competition by generating uncertainty for investments, (...)

The US House of Representatives Judiciary Committee issues the majority report of its investigation of competition in digital markets
Bona Law (Detroit)
United States 24 contributions 5747 visits
Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech* On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report (...)

The UK Competition Authority drafts guidelines regarding its functions after Brexit
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3664 visits
For decades the Competition and Markets Authority ("CMA") and its predecessor, the Office of Fair Trading ("OFT"), have worked in symbiosis with the European Commission ("Commission") on competition law enforcement and merger investigations. Following the UK’s decision to leave the EU and at (...)

The UK Competition Authority drafts guidance on its role, powers and processes after Brexit
Jones Day (London)
Royaume-Uni 18 contributions 3404 visites
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Hogan Lovells (London)
United Kingdom 2 contributions 834 visits
The UK Competition and Markets Authority (CMA) has recently published draft guidance on how its role, powers, and processes will operate once the transition period provided for by the Brexit Withdrawal Agreement comes to an end, on 31 December 2020. The CMA’s guidance focuses on its role in (...)

The Australian Competition Authority amends its consumer data right rules to permit accredited intermediaries
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Consumer Data Right Rules amended to include intermediaries* The ACCC has amended the Consumer Data Right Rules to permit accredited intermediaries to collect data on behalf of third party data recipients, with consumer consent. These amended rules mean accredited businesses can now ask (...)

The Russian Competition Authority reports on its study in the banking services market and proposes to develop a concept of state participation in the financial services market
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
The Share of State Participation in the Financial Market Should Be Reduced* The FAS Russia proposes to develop a Concept of state participation in the financial services market Conclusion of the FAS is contained in the Report on state of competition in the Russian Federation in 2019. The (...)

The US DoJ releases a positive Business Review Letter blessing the amendments of the International Swaps and Derivatives Association to address interest rate benchmarks (International Swaps and Derivatives Association)
White & Case (New York)
United States 12 contributions 6067 visits
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White & Case (New York)
États-Unis 2 contributions 786 visites
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White & Case (New York)
États-Unis 2 contributions 794 visites
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For the thousands of financial institutions anxiously watching the discontinuation and transition from certain interbank offered rates (“IBORs”), 2020 just got a little less chaotic. On Thursday, October 1, 2020, the United States Department of Justice Antitrust Division issued its highly (...)

Anticompetitive practices

 The Irish Competition Authority extends the validity period of its verticals declaration which provides exemptions for certain vertical agreements
Irish Competition Authority (Dublin)
Ireland 104 contributions 16745 visits
CCPC extends verticals declaration* The Competition and Consumer Protection Commission (CCPC) has today extended the validity of its declaration in respect of vertical agreements and concerted practices (the “declaration”) until 1 December 2022. The declaration came into effect on 1 December (...)

The Irish Competition Authority extends the validity of its declaration on vertical agreements and concerted practices
Hogan Lovells (Brussels)
Belgium 4 contributions 619 visits
On 30 October 2020, the Irish Competition and Consumer Protection Commission (the “CCPC”) announced its decision to extend the validity of its Declaration in Respect of Vertical Agreements and Concerted Practices (the “Declaration”), which was due to expire on 1 December 2020, until 1 December (...)

The German Competition Authority finds no competition concerns in 2 newspapers’ joint marketing of advertising space (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung
German Competition Authority (Bonn)
Germany 458 contributions 117079 visits
Cooperation between FAZ and SZ in the joint marketing of advertising space is unproblematic in terms of competition law* The Bundeskartellamt has no competition concerns regarding the planned joint marketing of supra-regional advertising space between the German newspapers Süddeutsche (...)

The French Competition Authority fines a champagne company and two importer-distributors for maintaining exclusive import agreements in the French Antilles (Nicolas Feuillatte / Financière Martin / Distillerie Dillon)
French Competition Authority (Paris)
France 748 contributions 410869 visits
Nicolas Feuillatte champagne and two importer-distributors fined for having maintained exclusive import agreements in the French Antilles* Background Following a report sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité (...)

The French Competition Authority fines a champagne supplier and distributors for maintaining exclusive import agreements (Nicolas Feuillatte / Financière Martin / Distillerie Dillon)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3462 visits
In a decision published on 29 October 2020, the French Competition Authority (“FCA”) fined champagne supplier Champagne Nicolas Feuillatte and two importer-distributors € 642,800 for having concluded exclusive import agreements in the French Antilles (i.e., Saint-Martin, Saint- Barthélemy and (...)

The Russian Ninth Arbitration Court of Appeal upholds the Competition Authority’s decision against companies in the "cartel under hypnosis" in the healthcare sector (Aksonmed / Satori / Intermed / Divais / Lotos / Equipmed)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
Appeal Supported the Position of the FAS Russia in the "Cartel Under Hypnosis" Case* The Ninth Arbitration Court of Appeal upheld the decision of the antimonopoly authority against companies that have been implementing an anti-competitive agreement in the healthcare sector for more than (...)

The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Austrian Competition Authority files an application to fine four construction companies for price-fixing, market division, and other anti-competitive conduct
Austrian Competition Authority (Vienna)
Austria 64 contributions 7776 visits
AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

The EU Court of Justice dismisses appeal brought by a power cable producer for its involvement in a market-sharing cartel (Pirelli)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3462 visits
On 28 October 2020, the Court of Justice (the “ECJ”) dismissed an appeal brought by Pirelli & C. SpA (“Pirelli”) against the judgment of the General Court (“GC”) which had upheld the Commission’s decision against Pirelli in the Power Cables cartel case. On 2 April 2014, the Commission (...)

The Dutch Competition Authority allows health insurers to distribute the additional costs of effects of the COVID-19 pandemic among each other
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36817 visits
Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

The Indian Supreme Court dismisses the Competition Authority’s special leave petition against the Karnataka High Court’s stay on investigations against two online shopping platforms for alleged anticompetitive conduct in the mobile phone market (Amazon / Flipkart)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8879 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10782 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10851 visits
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A three-judge bench of the Supreme Court on October 26, 2020 rejected the CCI’s challenge to the Karnataka HC’s stay on the investigations directed by the CCI against Amazon and Flipkart. In January, 2020, the CCI has ordered investigation into allegation of, inter alia, exclusive (...)

The Slovak Competition Authority fines the national postal service company for failure to submit required documentation within a stipulated time limit and for submission of false information in the on-going investigation into the field of ​​production and delivery of mass-delivered letter consignments and advertising addressed consignments (Slovenská pošta)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5793 visits
AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information* On 26 October 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of (...)

The EU Commission publishes an inception impact assessment as part of the reform of the vertical block exemption regulation
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58655 visits
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Baker McKenzie (Brussels)
Belgique 10 contributions 2085 visites
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Clifford Chance (Brussels)
Belgique 7 contributions 1388 visites
On 23 October 2020, the European Commission (“Commission”) published an Inception Impact Assessment (the “Inception Assessment”) (available here) as part of the revision of the Vertical Block Exemption Regulation (“VBER”) and the Vertical Guidelines in anticipation of the expiry of the VBER on (...)

The US DoJ warns businesses against price-fixing, bid-rigging, and market sharing in manufacturing or distribution as well as the sale of public health products in the face of the COVID-19 pandemic (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Engineering Firm And Its Former Executive Indicted On Antitrust And Fraud Charges* North Carolina Department of Transportation Targeted in Decade-Long Scheme A federal grand jury in Raleigh, North Carolina returned an indictment charging Contech Engineered Solutions LLC and Brent (...)

The EU Commission publishes an inception impact assessment for a potential revision of the Vertical Block Exemption Regulation
White & Case (Brussels)
Belgium 35 contributions 13562 visits
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Latham & Watkins (Brussels)
Belgique 8 contributions 2768 visites
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European Commission - DG COMP (Brussels)
Belgique 6 contributions 1205 visites
New EU Antitrust Rules for Distribution – European Commission’s Inception Impact Assessment* On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and (...)

The EU Commission publishes a list of issues to consider in the review of the competition rules that apply to distribution agreements
Portolano Cavallo (Milan)
Italy 63 contributions 10434 visits
On November 17, we hosted a webinar on distribution and vertical agreements in EU competition law. The aim was to provide a cross-border and multi-jurisdictional perspective on such issues thanks to the participation of distinguished colleagues from Blomstein (Berlin) and Kramer Levin (Paris). (...)

The Mexican Competition Authority opens investigation into possible anticompetitive practices in the market for the leasing of non-residential real estate spaces
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30533 visits
COFECE investigates possible absolute monopolistic practices in the market for the leasing of non-residential real estate spaces* This investigation shall not be understood as a prejudgment, but as an action of the authority to verify compliance with the Federal Economic Competition Law. In (...)

The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded (...)

The Hungarian Competition Authority launches a sector inquiry regarding the supply of beverages in the hotels, restaurants, and cafes sector
Bird & Bird (Budapest)
Hungary 18 contributions 2480 visits
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Bird & Bird (Budapest)
Hongrie 2 contributions 313 visites
The Hungarian Competition Authority (GVH) launched a sector inquiry in October 2020 in order to analyse the procurement of beverages in the HoReCa sector (hotels, restaurants and cafés). The GVH suspects that Hungarian HoReCa outlets are reluctant to establish new supply relationships because (...)

The French Competition Authority accepts commitments offered by food retailers to amend the existing cooperation agreements (Casino / Auchan / Metro / Schiever)
BCTG Avocats (Paris)
France 6 contributions 1005 visites
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BCTG Avocats (Paris)
France 2 contributions 503 visites
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BCTG Avocats (Paris)
France 7 contributions 2862 visites
First use by the French Competition Authority of the tools introduced by the Macron and Egalim laws to render legally binding commitments offered by four large food retailer companies aimed at reducing competition concerns raised by their joint purchasing agreements of retailers’ own-brand (...)

The Hungarian Competition Authority launches a sector inquiry into the beverage procurement practices of restaurants, pubs, and catering units
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19884 visits
The Hungarian Competition Authority is investigating beverage procurement* The Hungarian Competition Authority (GVH) has launched a sector inquiry to analyse the beverage procurement practices of domestic restaurants, pubs, and catering units, collectively known as the HoReCa sector. The (...)

The French Competition Authority accepts commitments proposed by food retailers to amend the existing cooperation agreements on retailers’ own-brand labels (Casino / Auchan / Metro / Schiever)
French Competition Authority (Paris)
France 748 contributions 410869 visits
Purchasing offices: the Autorité accepts the commitments proposed by Casino, Auchan, Metro and Schiever* Purchasing offices: to address the risks of harm to upstream and downstream competition identified in the process of requesting urgent interim measures, the Autorité accepts the (...)

The Portuguese Competition Authority imposes fine of €3.6 million on national advertising agencies association for restraining competition in advertising services (APAP)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30239 visits
AdC imposes fine of €3.6 M to APAP for restraining competition in advertising services* The AdC (Autoridade da Concorrência) imposed a fine of 3,6 million euros on the Portuguese advertising agencies association - APAP (Associação Portuguesa de Agências de Publicidade, Comunicação e (...)

The UK Competition Authority and Serious Fraud Office sign a memorandum of understanding allowing the two regulators to investigate and prosecute individuals in criminal cartel cases
Government Legal Department (London)
United Kingdom 18 contributions 2554 visits
On 22 October 2020, the UK’s Competition and Markets Authority (“CMA”) and the UK’s Serious Fraud Office (“SFO”) signed a memorandum of understanding (“MoU”) allowing the two regulators to investigate and/or prosecute individuals in criminal cartel cases. Under UK competition law the most (...)

The Italian Administrative Court of First Instance annuls the Competition Authority’s decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Ashurst (Milan)
Italy 103 contributions 30299 visits
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Ashurst (Brussels)
Belgium 45 contributions 46253 visits
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Ashurst (Brussels)
Belgium 12 contributions 6509 visits
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

The Swedish Competition Authority petitions to fine a municipality for directly awarding a public procurement contract for snow clearance because the contract does not qualify for exemption under urgency (Huddinge Municipality)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10337 visits
No extreme urgency when Huddinge Municipality directly awarded a contract for snow clearance* Huddinge Municipality was guilty of an illegal direct award when it failed to apply procurement rules to a contract for snow clearance. This is the conclusion of the Swedish Competition Authority, (...)

The Swedish Competition Authority petitions to fine a municipality for illegal direct award of a public procurement contract for the major refurbishment of a property (Hallsberg Municipality)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10337 visits
Hallsberg performed an illegal direct award of construction contract* Hallsberg municipality carried out the major refurbishment of a property without first publishing a contract notice as required under the Public Procurement Act. The municipality was therefore guilty of an illegal direct (...)

The Australian Competition Authority commences civil proceedings in the Federal Court against overhead crane company over alleged market sharing cartel (NQ Cranes)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Action over alleged market sharing cartel in the overhead crane industry* The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act. The (...)

The Polish Competition Authority obliges an association of marketing agencies to stop affecting its members’ independence in tenders and stop organizing unauthorized exchanges of information (Marketing Communication Association SAR)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22809 visits
Marketing Communication Association SAR to change its practices* The Marketing Communication Association SAR affected the independence of its members in tenders and organized unauthorized exchange of information. President of UOKiK Tomasz Chróstny has obliged the Association to change its (...)

The Romanian Government publishes an ordinance on actions for damages providing that cartel infringements are presumed to cause an overcharge of 20%
KU Leuven
Belgique 15 contributions 3503 visites
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Van Bael & Bellis (Brussels)
Belgique 11 contributions 5944 visites
On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements (...)

The Hungarian Competition Authority initiates supervision proceeding against top three cement suppliers for alleged tacit collusion (Duna-Dráva Cement / LAFARGE Cement Magyarország Gyártó és Kereskedelmi / CRH Magyarország)
Hungarian Competition Authority (Budapest)
Hongrie 95 contributions 19885 visites
The Competition Authority suspects abuse on the cement market* The Hungarian Competition Authority (GVH) has initiated a proceeding against the three most important players in the domestic cement market for alleged infringement of the prohibition of abuse of dominant position. The (...)

The Norwegian Competition Authority closes its investigation against two companies after they agree to stop publishing recommended list prices for retail fuel (Circle K / YX)
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3897 visits
Closes investigation against Circle K and YX* The Norwegian Competition Authority has today closed an investigation against Circle K Norge AS and YX Norge AS. The two companies have agreed to end their practice of publishing recommended list prices for retail fuel on their websites. Autumn (...)

The Australian Competition Authority commences proceedings against a wholesale distributor of cycling and sporting products for resale price maintenance (FE Sports)
Jones Day (Melbourne)
Australie 10 contributions 1405 visites
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Jones Day (Cleveland)
États-Unis 12 contributions 4605 visites
A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and Consumer Commission ("ACCC") has commenced proceedings against FE Sports, (...)

The EU Commission launches public consultations on the Motor Vehicle Block Exemption Regulation
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58655 visits
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Baker McKenzie (Brussels)
Belgique 10 contributions 2085 visites
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Clifford Chance (Brussels)
Belgique 7 contributions 1388 visites
On 12 October 2020, the Commission launched a public consultation with a view to receiving comments from stakeholders on the ongoing evaluation of the 2010 Motor Vehicle Block Exemption Regulation (“MVBER”) regime. The public consultation aims to collect facts, views and evidence to assist the (...)

The Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel, sentencing them to prison for up to 16 years (Administration of Head of Republic of Khakassia)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
Andrey Tenishev: Cartel Members Convicted in the Republic of Khakassia* Court imposed imprisonment up to 16 years to participants of anticompetitive agreements for theft and bribes It should be reminded that in 2018 the FAS Russia recognized a number of companies violated the Law on (...)

The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)
French Competition Authority (Paris)
France 748 contributions 410869 visits
Purchasing offices: Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12645 visits
FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

The EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95339 visits
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Aquis Exchange
Royaume-Uni 12 contributions 2199 visites
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Van Bael & Bellis (Brussels)
Belgium 35 contributions 6257 visits
On 8 October 2020, Advocate General (“AG”) Hogan issued his opinion in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In his opinion, the AG advises the Court of Justice (“ECJ”) to partially uphold the appeal in so far as the General Court (...)

The Indian Competition Authority dismisses allegations of bid rigging against an aluminium and copper manufacturer (Hindalco / Vedanta)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10782 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8879 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10851 visits
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Key points While the standard of evidence required to be provided by an informant is not very high, however, the CCI’s resources cannot be used to further open-ended bald allegations in an omnibus manner which do not further the public cause. In the absence of any material showing even prima (...)

The Hellenic Competition Authority finds two companies guilty of an anticompetitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18596 visits
Decision regarding the complaints of the company SERKO LTD* Subject: Decision of the Hellenic Competition Commission regarding the complaints of the company "SERKO LTD SCIENTIFIC - ELECTRONIC MACHINERY (Imports - Representations - Service)" concerning alleged infringements of articles 1 and (...)

The Indian Competition Authority closes investigation against an alleged phenol importers cartel after not finding evidence with 12 out of 19 parties which account for 95% of the market (Deepak Phenolics / Chemtrade Overseas / Shubham Chemicals & Solvents)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10782 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8879 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10851 visits
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Key points To conduct an investigation in a time bound manner, out of the 19 phenol importers, the DG investigated 12 that accounted for 95% of the total sales volume of phenol. In the absence of any evidence indicating an agreement or meeting of minds amongst the phenol importers, a mere (...)

The Irish Competition Authority carries out unannounced inspections of garages and second-hand car dealerships in Dublin and Kildare
Irish Competition Authority (Dublin)
Ireland 104 contributions 16745 visits
Unannounced car inspections take place in Dublin and Kildare* The Competition and Consumer Protection Commission (CCPC), assisted by colleagues from the Garda National Economic Crime Bureau, the Garda Stolen Vehicle Investigation Unit as well as local uniformed Gardaí, has completed a series (...)

The US District Court for the District of Colorado indicts six additional individuals on charges of price fixing and bid rigging in an ongoing broiler chicken investigation (Timothy Mulrenin / William Kantola / Jimmie Little / William Lovette / Gary Roberts / Rickie Blake)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Six Additional Individuals Indicted On Antitrust Charges In Ongoing Broiler Chicken Investigation* A federal grand jury in the U.S. District Court in Denver, Colorado, returned a superseding indictment charging six additional defendants for their roles in a previously indicted conspiracy to (...)

The Australian Competition Authority proposes an exemption for grain handler at two port terminals (Viterra)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
ACCC proposes exemption for two Viterra grain port terminals* The ACCC has today released draft determinations proposing to exempt the services provided by grain handler Viterra at its Port Adelaide Inner Harbour and Outer Harbor facilities from parts of the Port Terminal Access (Bulk Wheat) (...)

The Italian Supreme Administrative Court rules on a bid-rigging cartel in the auditing and consulting sector (Deloitte / EY / KPMG / PwC)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6046 visits
On 6 October 2020, the Italian Supreme Administrative Court (Consiglio di Stato) ruled on the appeals lodged by the Italian Competition Authority and seven companies in relation to a big-rigging cartel case in the auditing and consulting sector, confirming the Competition Authority’s initial (...)

The EU General Court partially annuls the Commission’s inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
Italie 19 contributions 4223 visites
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Luiss Guido Carli University (Rome)
Italy 27 contributions 5639 visits
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids on a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Belgique 35 contributions 13562 visites
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. (...)

The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Portolano Cavallo (Milan)
Italy 63 contributions 10434 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7161 visits
On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32638 visits
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
Belgium 49 contributions 18330 visits
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Gide Loyrette Nouel (Paris)
France 1 contribution 200 visites
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The EU Commission sends a statement of objections to Italian agricultural cooperative for participation in canned vegetable cartel (Conserve Italia)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
Antitrust: Commission sends Statement of Objections to Conserve Italia for participation in canned vegetables cartel* The European Commission has informed Conserve Italia Soc. coop. Agricola and its subsidiary Conserves France SA (together referred to as Conserve Italia) of its preliminary (...)

The EU General Court partially annuls the Commission’s decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Addleshaw Goddard (Paris)
France 39 contributions 44511 visits
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - (...)

The EU General Court partially annuls the Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
France 47 contributions 71715 visites
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Magenta (Paris)
France 1 contribution 265 visites
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Dechert (Paris)
France 20 contributions 24424 visites
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The Saudi Arabian Competition Authority imposes fines on 4 companies in the cement sector for price-fixing (Abdulaziz Sulaiman Al-Mohileb / Bader Khaled Al Shehili Remicon / Nasser Al-Faraj Ready Mix Concrete / Al-Wadi Remicon)
General Authority for Competition (Riyadh)
Arabie saoudite 19 contributions 1811 visites
GAC Announces Penalties Against Several Entities Operating in Cement Sector for Agreeing to (Price Fixing Agreement)* Pursuant to the mandate of GAC with regard to the enforcement of the Competition Law; and as part of its role in protecting and encouraging fair competition and combating (...)

The US DoJ applauds the US President’s authorization of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Department Of Justice Applauds President Trump’s Authorization Of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act* On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform (...)

The Saudi Arabian Competition Authority fines 4 office furniture retailers for collusion in government procurement (Riyadh House / Manar Almahmal / Hassan Isam Kabbani / Stars Furniture)
General Authority for Competition (Riyadh)
Arabie saoudite 19 contributions 1811 visites
GAC Announces Penalties Against Several Entities Operating in Retail Sector for Office Furniture* Pursuant to the mandate of the GAC with regard to the enforcement of the Competition Law; and as part of its role in protecting and encouraging fair competition and combating monopolistic (...)

Unilateral Practices

 The EU Commission sends a Statement of Objections to State-owned Czech rail incumbent for alleged predatory pricing (České dráhy)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
Antitrust: The Commission sends Statement of Objections to České dráhy for alleged predatory pricing* The European Commission has informed the state-owned Czech rail incumbent České dráhy (ČD) of its preliminary view that ČD has breached EU antitrust rules by charging prices below costs. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance by a real estate development company due to lack of dominance and existence of other active cases with the same parties (Uppal Chadha Hi-Tech Developers)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10782 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10851 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8879 visites
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Key points Unilateral and unfair conduct by an entity cannot be a subject of investigation by the CCI in the absence of dominance. However, consumers can still reach out to the consumer forum for seeking relief against unfair practices of enterprises Brief facts An information was filed (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. (...)

The Italian Competition Authority opens an investigation against a search engine for alleged abuse of its dominant position in the market for display advertising (Google)
University of Mannheim
Allemagne 1 contribution 133 visites
Who strikes next? Italian Competition Authority v Google* Competition authorities are increasingly scrutinizing Google around the globe: The European Commission was the first authority to investigate Google and has issued three record-level fines in Google Shopping, Google Android and Google (...)

The Italian Competition Authority opens an investigation into abuse of dominance against a global search engine in the market for display advertising (Google)
Italian Competition Authority (Rome)
Italy 72 contributions 19332 visits
A542 - ICA: investigation opened against Google for an alleged abuse of dominant position in the Italian market for display advertising* The Authority questions the discriminatory use of the huge amount of data collected through its various applications, preventing rivals from competing (...)

The Italian Competition Authority condemns a plastic supply chain consortium for abuse in the plastic-waste recycling sector (Corepla)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6046 visits
On 27 October 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 27.4 million on COREPLA (the “Consortium for the collection, recycling and recovery of plastic packaging waste”) for abusing its dominant position on the national market for services for PET packaging (...)

The Italian Competition Authority fines a consortium for the collection, recycling, and recovery of plastic packaging for abusing its dominant position in the national market for the management of plastic waste services (Corepla)
Ashurst (Brussels)
Belgium 45 contributions 46253 visits
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Ashurst (Brussels)
Belgium 12 contributions 6509 visits
On 27 October 2020 the Italian Competition Authority ("AGCM") issued a EUR 27 million fine to the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (COREPLA) for abusing its dominant position in the Italian market for management of plastic waste services. (...)

The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)
French Competition Authority (Paris)
France 748 contributions 410869 visits
Playstation: the Autorité considers that the commitments proposed by Sony do not adequately address the identified competition concerns. The case is returned for investigation* As part of a litigation procedure before the Autorité de la concurrence, Sony had proposed commitments to address (...)

The French Competition Authority rejects gaming console’s commitments in an abuse of dominance case (Sony)
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2774 visits
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Vaillant Group (Paris)
22 contributions 3476 visites
2020 proves to be a busy year for the French Competition Authority (FCA) as far as tech giants are concerned. After Google and Apple, it’s now Sony’s turn to be under the FCA’s spotlight. While the Japanese company is currently launching pre-orders for its new PlayStation 5, the FCA has just (...)

The Swedish Patent and Market Court issues a judgment regarding the national alcohol retailer’s monopoly and e-commerce (Systembolaget)
Bird & Bird (Stockholm)
Suède 1 contribution 88 visites
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Bird & Bird (Stockholm)
Suède 1 contribution 88 visites
The Swedish Patent and Market Court has recently issued a judgement concerning Systembolaget’s alcohol retail monopoly. The background to the case is that the Swedish Alcohol Act (2010:1622) only allows the state monopoly, Systembolaget, to conduct retail sales of alcoholic beverages. However, (...)

The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...)

The Hungarian Competition Authority fines an international brewing company for failing to honour its commitment to reduce the amount of beer sold under exclusive contracts (Heineken)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19884 visits
The GVH has imposed a fine of HUF 75 million on Heineken* 21 October 2020, Budapest – The Hungarian Competition Authority (GVH) has established that Heineken failed to appropriately justify its commitment to decrease the amount of beer sold under exclusive contracts, thus the authority has (...)

The Hungarian Competition Authority fines a brewery for failing to comply with reporting obligations under commitments to limit exclusivity contracts (Heineken)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58655 visits
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ADVANT Beiten (Brussels)
Belgique 12 contributions 22103 visites
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Clifford Chance (Brussels)
Belgique 7 contributions 1388 visites
By decision of 19 October 2020, the Hungarian Competition Authority (“GVH”) imposed a fine of HUF 75 million (approximately € 250,000) on beer maker Heineken for failing to comply with its reporting obligations under its commitments to reduce the amount of beer sold under exclusivity (...)

The US DoJ and eleven States with Republican attorneys general sued a Big Tech company for monopolizing the markets for general internet search services, search advertising, and “general search text” advertising (Google)
University of Missouri
États-Unis 2 contributions 122 visites
Why the Federal Government’s Antitrust Case Against Google Should—and Likely Will—Fail* On October 20, 2020, the U.S. Department of Justice (DOJ) and eleven states with Republican attorneys general sued Google for monopolizing and attempting to monopolize the markets for general internet (...)

The US DOJ and 11 State AGs start a landmark court case against a Big Tech company for exclusionary agreements in the search and search advertising markets (Google)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Justice Department Sues Monopolist Google For Violating Antitrust Laws* Department Files Complaint Against Google to Restore Competition in Search and Search Advertising Markets Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit (...)

The Swiss Competition Authority imposes a fine for abuse of dominant position in the market for ice hockey broadcasting (UPC)
Van Bael & Bellis (Brussels)
Belgique 23 contributions 24652 visites
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Van Bael & Bellis (Brussels)
Belgium 33 contributions 4382 visits
On 20 October 2020, the Swiss Competition Commission (“COMCO”) fined UPC (a group member of Liberty Global) CHF 30 million for abuse of dominance for refusing to supply live broadcasts of the Swiss Ice Hockey Championship to Swisscom. UPC was found to be dominant on the basis of its (...)

The US DOJ files an antitrust complaint against a search engine for abuse of dominance (Google)
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 1 contribution 319 visites
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Orrick, Herrington & Sutcliffe (Washington)
États-Unis 1 contribution 319 visites
On October 20, the U.S. Department of Justice filed its long-awaited antitrust complaint against Google, joined by 11 state Attorneys General (Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas). The lawsuit was filed in the U.S. (...)

The Swiss Competition Authority fines a cable operator for abusing broadcasting rights (UPC)
Swiss Competition Commission (Bern)
Suisse 18 contributions 635 visites
COMCO: UPC abused ice hockey broadcasting rights* The Competition Commission (COMCO) fines UPC by around CHF 30 million. In 2016, UPC acquired broadcasting rights for games of the Swiss Ice Hockey Championship. It refused to supply Swisscom with broadcasts of live ice hockey for years. This (...)

The US DoJ files a complaint against a search engine for its unlawful monopolization of the search and the search advertising markets (Google)
Hausfeld (London)
Royaume-Uni 20 contributions 5405 visites
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Hausfeld (London)
United Kingdom 7 contributions 1803 visits
On 20 October 2020, the US Department of Justice (DoJ) and 11 State Attorney-Generals filed a much anticipated complaint against Google for its unlawful monopolisation of the search and search advertising markets in violation of Section 2 of the Sherman Act (the Complaint). The Complaint is (...)

The German Federal Court of Justice rules on the burden of proof for showing exhaustion of trademark right (Amazon / Coty)
Van Bael & Bellis (Brussels)
Belgium 25 contributions 5091 visits
On 15 October 2020, the German Federal Court of Justice (“FCJ”) issued a judgment on the burden of proof for showing the exhaustion of trademark rights in a case pitting Coty against Amazon. After having made a test purchase from Amazon of two bottles of a perfume bearing the “JOOP!” (...)

The Australian Competition Authority initiates court proceedings against a wholesale distributor of cycling and sporting products for alleged resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
FE Sports allegedly engaged in resale price maintenance* The ACCC has instituted proceedings in the Federal Court against B & K Holdings (QLD) Pty Ltd, trading as FE Sports, alleging that it engaged in resale price maintenance for the wholesale supply of cycling and sporting products in (...)

The French Supreme Court confirms that the incumbent horse race betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
Belgique 23 contributions 24652 visites
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Hogan Lovells (Brussels)
Belgique 4 contributions 619 visites
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The Polish Competition Authority opens investigation into unfair use of contractual advantage by the largest national food wholesaler against its suppliers (Eurocash)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22809 visits
Unfounded Eurocash fees - charges of the President of UOKiK* President of UOKiK Tomasz Chróstny checks the practices of Eurocash company towards suppliers of agricultural and food products. The allegations concern unfounded collection of additional fees. The main business of Eurocash is (...)

The Australian Federal Court fines a price comparison website for making false or misleading representations when comparing and selling electricity plans (iSelect)
Ashurst (Sydney)
United States 17 contributions 2432 visits
On 8 October 2020, the Federal Court of Australia ordered iSelect Limited ("iSelect") to pay a pecuniary penalty of AUD 8.5 million for making false or misleading representations ‎on its website when comparing and selling electricity plans, in contravention of the Australian Consumer Law (...)

The Paris Court of Appeal confirms the Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Addleshaw Goddard (Paris)
France 39 contributions 44511 visits
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The Hungarian Competition Authority initiates an investigation against the operator of a video-sharing social media site due to failure to provide users with sufficient information on time (TikTok)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19884 visits
The Competition Authority has initiated a proceeding against TikTok* The Hungarian Competition Authority (GVH) has initiated an investigation against the operator of video sharing social media site TikTok due to failure to provide users with sufficient information on time. TikTok is a (...)

The Spanish Competition Authority investigates a potential abuse of a dominant position in the natural gas market
Ecija & Asociados (Madrid)
Espagne 20 contributions 2238 visites
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Bird & Bird (Madrid)
Spain 29 contributions 4817 visits
In Spain, as in many other countries, the gas sector is crucial given its strategic importance and its necessary use for many industrial and consumer applications. It is also one of the most complex sectors, with several players spread over different upstream and downstream markets such as (...)

The Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunications company for a margin squeeze abuse of dominance (Proximus)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56723 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12114 visits
On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische (...)

The Spanish Competition Authority investigates a possible abuse of dominance in the country’s natural gas market
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31807 visits
The CNMC investigates possible anticompetitive practices in Spain’s natural gas market* It assesses an alleged abuse of dominant position in said market involving foreclosure. The CNMC investigates a potential antitrust violation in Spain’s natural gas market. On 30 September and 1 (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
Belgium 37 contributions 9314 visits
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Free University of Brussels (ULB)
Belgique 18 contributions 29656 visites
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 23 contributions 24652 visites
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7780 visits
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for (...)

The Spanish Competition Authority opens a formal investigation into an animal society for alleged abuse of dominance in dog certification and shows (Royal Canine Society of Spain)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31807 visits
The CNMC opens a formal investigation into the Royal Canine Society of Spain for alleged antitrust practices* The conduct investigated sought to hinder and avoid competition with other official associations. It potentially affects the markets for certifying purebred dogs and providing judging (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The Dutch Competition Authority investigation finds that a national ATM operator is charging reasonable rates to competing banks (Geldmaat)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36817 visits
ACM: rates charged by ATM operator Geldmaat to other banks not unreasonable, information about its services to be more transparent* The Netherlands Authority for Consumers and Markets (ACM) has established that the rates that Dutch ATM operator Geldmaat charges other Dutch banks for using (...)

The Turkish Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance (Rescs / Ayedas)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84290 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turquie 20 contributions 4606 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3092 visits
(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one (...)

The UK Competition Authority investigates a pharmaceutical company for abuse of dominance (Essential Pharma)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56723 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28915 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 28057 visits
On 6 October 2020, the Competition and Markets Authority ( CMA ) started an inquiry into Essential Pharma to determine whether that company abused an allegedly dominant position when announcing the withdrawal from the UK market of Priadel®, a lithium based medicine indicated for the first line (...)

The UK Competition Authority opens an investigation into alleged abuse of dominance in the supply of drugs used to treat bipolar disorder (Essential Pharma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
CMA to investigate the supply of bipolar drug* The CMA has opened an investigation into suspected anti-competitive practices in the supply of drugs used to treat bipolar disorder. The Competition and Markets Authority (CMA) will investigate whether the pharmaceutical company Essential (...)

The Russian Competition Authority investigates whether a pharmaceutical company with a dominant position in the wholesale of certain generics unreasonably refused to conclude a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
FAS Russia: Ipsen Unreasonably Refused Biotek to Conclude Contract for Medicine Supply* In order not to enter into a contract with a counterparty the pharmaceutical company has repeatedly changed its commercial policy during the review of the distributor’s application. The FAS Russia (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (New Brunswick)
United States 26 contributions 25807 visits
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The German Competition Authority closes investigation into resale price maintenance after Spanish guitar manufacturer clarifies to retailers that final price is at their discretion (Manufacturas Alhambra)
German Competition Authority (Bonn)
Germany 458 contributions 117079 visits
Bundeskartellamt safeguards freedom to set prices for guitars* Following investigations by the Bundeskartellamt into suspected illegal resale price maintenance, the Spanish guitar manufacturer, Manufacturas Alhambra S.L., has distanced itself from possibly influencing the pricing policy of (...)

Mergers

 The Hong Kong Competition Authority accepts commitments by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11844 visits
Competition Commission accepts commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT (...)

The Slovak Competition Authority unconditionally approves the merger between manufacturers of LCD panels (TCL China Star Optoelectronics Technology / Samsung Suzhou Module / Samsung Suzhou LCD)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5793 visits
MERGERS: AMO SR approved the merger of undertakings TCL China Star Optoelectronics Technology Co., Ltd., Samsung Suzhou Module Co., Ltd., and Samsung Suzhou LCD Co., Ltd.* On 30 October 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the (...)

The US FTC imposes conditions on a pharmaceutical merger because of competition concerns in ten generic drug markets (Mylan / Upjohn)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 46937 visits
FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

The New Zealand Competition Authority publishes for consultations a statement of preliminary issues related to the application for merger of global professional services firms that specialise in risk management (Aon / Willis Towers)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25402 visits
Statement of Preliminary Issues released for Aon/Willis Towers Watson* The Commerce Commission has published a statement of preliminary issues relating to an application from Aon plc seeking clearance to acquire Willis Towers Watson Public Limited Company as part of a global transaction. (...)

The New Zealand Competition Authority publishes a statement of issues relating to an application from a global packaging solutions business to acquire a manufacturer of plastics sheets and packaging (Pact Group / Flight Plastics)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25402 visits
Statement of Issues released for Pact/Flight clearance application* The Commerce Commission has published a Statement of Issues relating to an application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New Zealand and the (...)

The Ukrainian Competition Authority announces a draft law introducing amendments to the merger filing thresholds
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9581 visites
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Redcliffe Partners (Kyiv)
Ukraine 1 contribution 159 visites
Ukrainian Competition Authority Suggested New Merger Control Thresholds* On 28 October 2020, the Antimonopoly Committee of Ukraine (the “AMC“) submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments (...)

The UK Takeover panel proposes changes to treatment of offers conditions and offer timetable
Jones Day (London)
Royaume-Uni 1 contribution 85 visites
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Jones Day (London)
Royaume-Uni 1 contribution 85 visites
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DLA Piper (London)
Royaume-Uni 28 contributions 11527 visites
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The Code Committee (“Code Committee”) of the UK Takeover Panel (“Panel”) has published a consultation paper proposing a number of amendments to the City Code on Takeovers and Mergers (“Code”) which, if adopted, will mark a significant departure from the current rules. The Code Committee is (...)

The US DoJ files enforcement action against global management consulting company as part of its investigation into global credit card company’s proposed acquisition of a fintech company (Visa / Plaid)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Justice Department Files Enforcement Action Against Bain & Company As Part of Its Investigation Into Visa Inc’s Proposed Acquisition of Plaid Inc* Petition against Third Party Seeks to Enforce Compliance with the Department’s Civil Investigative Demand Today, the Department of Justice (...)

The UK Takeover Panel consults on major changes to the Takeover Code
Morgan Lewis (London)
Royaume-Uni 1 contribution 70 visites
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Morgan Lewis (London)
Royaume-Uni 1 contribution 70 visites
Proposed changes to the UK Takeover Code include simplifying and adding flexibility to the timetable applicable to contractual offers, as well as making offer conditions relating to antitrust clearances subject to the same materiality requirement which applies to other offer conditions. (...)

The Chinese State Administration for Market Regulation publishes new rules related to antitrust merger reviews
Jones Day (Shanghai)
Chine 51 contributions 24153 visites
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Jones Day (Beijing)
Chine 44 contributions 21129 visites
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Jones Day (Beijing)
Chine 13 contributions 2698 visites
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In Short* The Development: China’s antitrust authority, the State Administration for Market Regulation ("SAMR"), published new rules related to antitrust merger reviews—the Interim Rules on the Review of Concentrations of Undertakings ("Interim Rules"). The Result: The most significant (...)

The UK Takeover Panel launches consultation on conditions to an offer, particularly those relating to merger control clearance, and the offer timetable
Herbert Smith Freehills (London)
Royaume-Uni 3 contributions 1669 visites
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Herbert Smith Freehills (London)
Royaume-Uni 3 contributions 1669 visites
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Herbert Smith Freehills (London)
Royaume-Uni 3 contributions 1669 visites
Overview of the proposed changes The UK Takeover Panel has published a consultation PCP 2020/1 in which it is proposing to amend various provisions in the Takeover Code relating to invoking the conditions to an offer, particularly those relating to regulatory / merger control clearance, and (...)

The Chinese State Administration for Market Regulation consolidates previous merger control guidance in its new Interim Provisions on Undertaking Concentration Examination
Herbert Smith Freehills (Hong Kong)
Chine 12 contributions 3273 visites
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Herbert Smith Freehills (Shanghai)
Chine 7 contributions 2160 visites
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Herbert Smith Freehills (Hong Kong)
Chine 6 contributions 1346 visites
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On 27 October 2020, China’s State Administration for Market Regulation (SAMR) issued the Interim Provisions on Undertaking Concentration Examination (Provisions), which will come into force on 1 December 2020. As well as consolidating previous guidance published by its predecessor, the (...)

The UK Takeover Panel publishes consultation on a series of significant changes to the treatment of conditions (and pre-conditions) to offers and the timetable which offers must follow
1 contribution 50 visites
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Squire Patton Boggs (Dubai)
Émirats arabes unis 1 contribution 50 visites
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Shearman & Sterling (London)
Royaume-Uni 1 contribution 50 visites
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On October 27, 2020 the U.K. Takeover Panel (the “Panel”) published a consultation (the “Consultation”) on a series of significant changes to the treatment of conditions (and pre-conditions) to offers and the timetable which offers must follow under the U.K. Takeover Code (the “Code”). The (...)

The Dutch Competition Authority clears merger of rival tour operators (Sunweb / Corendon)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36817 visits
Dutch tour operator Sunweb is allowed to acquire rival operator Corendon* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch tour operator Corendon by rival operator Sunweb. ACM has looked at the competitive landscape with respect to beach holidays (...)

The US DoJ conditionally clears a fibre-based telecom merger in Puerto Rico and the US Virgin Islands (Liberty Latin America / AT&T)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Justice Department Requires Divestiture In Order For Liberty Latin America To Acquire AT&T’s Telecommunications Operations In Puerto Rico And The U.S. Virgin Islands* Divestiture Will Preserve Competition for Fiber-Based Telecommunications Services for Enterprise Customers in Puerto Rico (...)

The US DOJ conditionally clears a merger in markets for small container commercial waste collection and municipal solid waste disposal in over 50 local markets in 10 States (Waste Management / Advanced Disposal Services)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Justice Department Requires Waste Management To Divest Assets In Order To Proceed With Advanced Disposal Services Acquisition* Divestiture Will Preserve Competition in Markets for Small Container Commercial Waste Collection and Municipal Solid Waste Disposal in Over 50 Local Markets in 10 (...)

The Australian Competition Authority closes investigation into the acquisition of garment laundering business after the firms withdraw from the merger (Alsco / Spotless Garments)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Alsco withdraws bid for Spotless Garments* Alsco Pty Ltd has withdrawn its request for informal merger clearance by the ACCC of its proposed acquisition of Spotless Laundries’ garment laundering business (Spotless Garments). Spotless Garments is part of Spotless Group Holdings Limited which (...)

The UK Competition Authority provisionally holds that the complete merger in the online secondary ticketing market will reduce competition and proposes structural remedies (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
CMA finds competition concerns in viagogo and StubHub merger* Following an in-depth investigation, the CMA has provisionally found that the completed merger of viagogo and StubHub will reduce competition. The Competition and Markets Authority (CMA) found that viagogo and StubHub are close (...)

The New Zealand Competition Authority reaches a divestment agreement with a car park operator in a 4-year old merger in order to settle competition concerns (Wilson Parking)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25402 visits
Wilson Parking agrees to divest car parks in settlement agreement with Commerce Commission* Wilson Parking New Zealand Limited (Wilson Parking) has agreed to divest the leases of three car parking facilities it currently operates in central Wellington, in a settlement agreement with the (...)

The German Competition Authority unconditionally clears merger between top vehicle insurance provider and the industry’s leading provider of automated claims settlement services (Allianz / ControlExpert)
German Competition Authority (Bonn)
Germany 458 contributions 117079 visits
Automated settlement of motor vehicle claims: Allianz cleared to take over ControlExpert* Yesterday, the Bundeskartellamt cleared plans by Allianz Strategic Investments. S.à.r.l., Luxembourg, (Allianz) to acquire ControlExpert Holding B.V. Amsterdam (ControlExpert). Allianz belongs to the (...)

The Australian Competition Authority Chairman confirms plans to change merger laws
Bird & Bird (Sydney)
Australie 28 contributions 3518 visites
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Bird & Bird (Sydney)
Australie 21 contributions 2517 visites
In a recent speech provided to the Law Council of Australia Business Law Section’s Competition and Consumer Workshop, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, confirmed that the ACCC will be putting forward ideas for changes to Australia’s merger (...)

The UK Competition Authority provisionally finds in Phase II investigation that a merger raises competition concerns in the supply of commercial vehicle and trailer parts (TVS / 3G)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
Customers could lose out in motor parts merger* The CMA has provisionally found that the purchase of 3G by TVS raises competition concerns in the supply of commercial vehicle and trailer parts. Universal Components UK Limited (Universal Components), owned by TVS Europe Distribution (...)

The US FTC starts accepting stakeholder comments for upcoming virtual consultations on proposed amendments to HSR rules
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 46937 visits
FTC to Hold Virtual Q&A Sessions in November on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. These one-hour virtual (...)

The Polish Competition Authority issues the first decision authorizing a foreign acquisition following its temporary FDI screening mechanism during the COVID-19 pandemic (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)
Van Bael & Bellis (Brussels)
Belgium 42 contributions 10186 visits
On 19 October 2020, the Polish Competition Authority (“UOKiK”) issued a decision authorising the Cayman Islands-based H&F Corporate Investors VIII Ltd. to acquire the Center for Electronic Settlements Polish ePayments S.A. The transaction was not notified to the UOKiK under the normal (...)

The Polish Competition Authority clears the first merger under rules for protecting companies of strategic national importance during COVID-19 (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22809 visits
Investment control - first decision of the President of UOKIK* H&F Fund from the Cayman Islands granted consent to take over the Center for Electronic Settlements Polish ePayments S.A. The transaction does not pose a threat to security, order or public health. This is the first decision (...)

The UK Competition Authority provisionally finds significant competition concerns with educational supplies merger (Yorkshire Purchasing Organisation / Findel)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
Schools could lose out in educational supplies merger* The CMA has provisionally found that YPO’s anticipated purchase of close competitor Findel could leave schools worse off. Yorkshire Purchasing Organisation (YPO) and Findel Education Limited (Findel) are 2 of the leading suppliers of (...)

The New Zealand Competition Authority receives application for merger of global professional services firms that specialise in risk management (Aon / Willis Towers)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25402 visits
Aon seeks clearance to acquire Willis Towers* The Commerce Commission has received a clearance application from Aon plc to acquire all the shares of Willis Towers Watson Public Limited Company as part of a global transaction. Aon and Willis Towers Watson are both publicly traded, global (...)

The Slovenian Competition Authority fines two corporate groups for failure to notify their merger (Agrokor / Ardeya Global)
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1116 visits
Slovenian Competition Protection Agency imposed fines on the breach of failure to notify the Agency of a concentration* Slovenian Competition Protection Agency has imposed a fine of EUR 53,900,000 on legal entity Agrokor d.d. and a fine of EUR 5,000 on legal person responsible for the (...)

The Portuguese Competition Authority opens in-depth investigation into a merger in the market for coatings for the ceramic industry (Pigments Spain / Ferro Assets)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30239 visits
AdC opens in-depth investigation into the Pigments Spain/Ferro Assets merger* The Portuguese Competition Authority (AdC) has decided to open an in-depth investigation into the acquisition of sole control by Pigments Spain, of a set of assets in the business of coatings for the ceramic (...)

The Dutch Competition Authority clears merger of port container terminals without conditions (Hutchison Ports / APM Terminals)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36817 visits
ACM clears acquisition of container terminal of APM Terminals by ECT’s parent company* The Netherlands Authority for Consumer and Markets (ACM) has cleared Hutchison Ports Netherlands, parent company of container terminal operator ECT, to acquire container terminal APM Terminals Rotterdam. (...)

The New Zealand Competition Authority issues a statement of preliminary issues relating to a proposed acquisition in the broadcasting sector (NEP Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25402 visits
Statement of Preliminary Issues released for NEP acquisition of Sky’s outside broadcasting assets* The Commerce Commission has published a statement of preliminary issues relating to an application from NEP Broadcast Services New Zealand Limited seeking clearance to acquire from Sky Network (...)

The US FTC requests public comment on prosthetics manufacturer’s application to approve divestiture of assets it gained during acquisition (Otto Bock / Freedom)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 46937 visits
FTC Requests Public Comment on Otto Bock HealthCare North America, Inc.’s Application to Approve Divestiture of Assets It Gained through Acquisition of FIH Group Holdings, LLC* The Federal Trade Commission is currently accepting public comments on an application by prosthetics manufacturer (...)

The UK Competition Authority clears joint venture between brewing companies (Carlsberg / Marston’s)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
Deal between Carlsberg and Marston’s given the go-ahead* The CMA has cleared the proposed joint venture between brewing companies Carlsberg and Marston’s. Both companies are large brewers of beer and cider, as well as offering related services, such as wholesale supply of their own and (...)

The UK Competition Authority requests the EU Commission review a proposed merger impacting retail and wholesale telecommunications markets in the UK (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105027 visits
CMA requests review of Virgin and O2 merger* The CMA has made a request to the European Commission to refer the proposed merger of Virgin Media and Virgin Mobile with O2 to the CMA for investigation. Liberty Global plc (Liberty) owns Virgin Media and Virgin Mobile in the UK, and Telefónica (...)

The Australian Competition Authority finds preliminary competition concerns with a proposed acquisition of a garment laundering business (Alsco / Spotless Garments)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Alsco’s Spotless Garments acquisition raises preliminary competition concerns* The ACCC has preliminary competition concerns about the proposed acquisition by Alsco Pty Ltd of Spotless Laundries’ garment laundering business (Spotless Garments), which is part of Spotless Group Holdings (...)

The Polish Competition Authority imposes a maximum fine due to a lack of approval for the joint venture on 6 companies participating in the construction of a gas pipeline (Gazprom / Nord Stream 2)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22809 visits
Nord Stream 2 - maximum penalties imposed by UOKiK President* Tomasz Chróstny, President of UOKiK, has imposed a penalty of over PLN 29 bn on Gazprom, and of over PLN 234 mln on 5 remaining companies participating in the construction of the gas pipeline - as a result of the lack of approval (...)

The Polish Competition Authority imposes its biggest fine for gun jumping in the energy sector (Gazprom / Nord Stream 2)
Bird & Bird (Warsaw)
Poland 19 contributions 3097 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3097 visits
The President of the Polish Office of Competition and Consumer Protection ("UOKiK") has imposed the biggest fine for gun-jumping ever by a national competition authority. The UOKiK imposed a fine of over PLN 29 billion (approx. EUR 6.5 billion) on Gazprom, and a total of over PLN 294 million (...)

The US FTC approves final order imposing divestitures as a condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 46937 visits
FTC Approves Final Order Imposing Conditions on Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Arko Holdings Ltd.’s acquisition of Empire Petroleum Partners, (...)

The Portuguese Competition Authority prohibits an acquisition due to the risk of eliminating competition in the passenger transportation sector (Transdev / Grupo Fundão)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30239 visits
AdC prohibits the acquisition of Grupo Fundão by the Transdev Group due to risk of eliminating competition in passenger transportation in central Portugal* The AdC (Portuguese Competition Authority) issued a prohibition decision relative to the acquisition of Grupo Fundão as well as of the (...)

The EU Commission unconditionally clears the merger of two companies active in the acquisition of sports broadcasting rights in Czechia and Slovakia and in the sale of advertising space in Czechia (PPF / CME)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
Mergers: Commission approves PPF’s acquisition of CME* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Central European Media Enterprises ("CME") by PPF Group NV ("PPF"). The Commission concluded the transaction would raise no (...)

The Portuguese Competition Authority prohibits a merger in the public road transport services market (Transdev / Grupo Fundão)
Van Bael & Bellis (Brussels)
Belgium 42 contributions 10186 visits
On 6 October 2020, the Portuguese Competition Authority (“AdC”) issued a decision prohibiting the Transdev Group’s acquisition of Grupo Fundão as well as public transport service concessions currently held by Transerramar and Auto Transportes do Fundão. Both Transdev and Grupo Fundão occupy (...)

The Polish Competition Authority imposes a record fine against a gas industry company for failing to obtain approval of a joint-venture transaction (Gazprom / Nord Stream 2)
Bird & Bird (Warsaw)
Pologne 5 contributions 1258 visites
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RTB House (Warsaw)
2 contributions 511 visites
By the decision of 6 October 2020 No. DKK-178/2020 (“Decision”) and after a two-year formal investigation the Polish Competition Authority (“PCA”) finalized its action against Nord Stream 2 project and imposed fine of PLN 29,075,726,808 (ca. EUR 6.4 billion) on PJSC “Gazprom” (“Gazprom”). In (...)

The EU Commission takes note of the General Court’s judgment confirming its decision to prohibit an acquisition in the construction sector in Hungary and Croatia (HeidelbergCement / Schwenk Zement / Cemex)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
Mergers: Commission takes note of General Court judgment in HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia merger case* The European Commission takes note of the judgment of the General Court, which confirms the Commission’s decision prohibiting the acquisition by HeidelbergCement and (...)

The EU General Court provides useful jurisdictional clarifications for deals involving joint ventures acting as an acquirer (Cemex Croatia / HeidelbergCement / Schwenk)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 1205 visits
Jurisdictional issues in deals involving joint ventures – Review of the General Court judgment in Heidelberg Cement and Schwenk Zement (T-380/17)* The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) (...)

The EU General Court clarifies the application of the merger regulation to acquisitions by joint ventures and other jointly controlled companies (Cemex Croatia / HeidelbergCement / Schwenk)
Unilever (Rotterdam)
Netherlands 14 contributions 6381 visits
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Willkie Farr & Gallagher (Paris)
France 15 contributions 24923 visits
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Willkie Farr & Gallagher (London)
United Kingdom 4 contributions 1993 visits
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On 5 October 2020, the General Court of the European Union (the “General Court”) confirmed the 2017 decision by the European Commission (the “Commission”) to prohibit the proposed acquisition by HeidelbergCement and Schwenk of Cemex Croatia (the “HeidelbergCement case”). In its judgment, the (...)

The EU General Court upholds the Commission’s decision to block a takeover in the construction sector (Cemex Croatia / HeidelbergCement / Schwenk)
ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5551 visits
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Ashurst (Brussels)
Belgium 7 contributions 1274 visits
On 5 October 2020, the EU’s General Court ("GC") upheld the European Commission’s ("Commission") decision to block the takeover of Cemex Croatia by DDC thereby dismissing the case brought by DDC’s parent companies, HeidelbergCement and Schwenk Zement ("Schwenk") claiming, inter alia, that the (...)

The Finnish Competition Authority removes upon application the conditions imposed on a 19-years old merger in the market for mailing and direct marketing (Posti / Atkos Printmail)
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12645 visits
FCCA removes the conditions set for the Posti/Atkos Printmail merger on application by Posti* On 25 September 2020, the Finnish Competition and Consumer Authority (FCCA) approved the Posti Group’s (Posti) application to remove the conditions set for the Posti/Atkos Printmail merger. In (...)

The Australian Competition Authority clears merger of two global companies supplying financial markets infrastructure products (Refinitiv / London Stock Exchange Group)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
London Stock Exchange Group’s acquisition of Refinitiv not opposed* The ACCC will not oppose the proposed acquisition of Refinitiv Parent Limited (Refinitiv) by the London Stock Exchange Group plc (LSEG). LSEG and Refinitiv are global companies supplying financial markets infrastructure (...)

The Serbian Competition Authority opens proceedings against a pharmaceutical company for a non-notified merger implemented without authorization (Apoteka Janković / Zrenjanin)
Serbian Commission for Protection of Competition (Belgrade)
Serbie 3 contributions 324 visites
Commission Institutes Proceedings Against Apoteka Janković* The Commission for Protection of Competition instituted ex officio proceedings against company Zdravstvena ustanova Apoteka Janković to investigate a merger implemented before obtaining clearance under the Law on Protection of (...)

State Aid

 The EU Commission publishes results of evaluation of State aid rules
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2942172 visits
State aid: Commission publishes results of evaluation of EU State aid rules* The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules adopted as part of the State Aid Modernisation package. The evaluation (...)

The EFTA Surveillance Authority approves Norwegian State aid to cancelled Offshore Northern Seas conference and fair due to the COVID-19 pandemic (Offshore Northern Seas Foundation)
EFTA Surveillance Authority (Brussels)
Belgique 141 contributions 28898 visites
COVID-19 pandemic: ESA approves state aid to cancelled Offshore Northern Seas conference and fair* The EFTA Surveillance Authority has today approved state aid for the Offshore Northern Seas Foundation’s (ONS) 2020 conference, which was cancelled as a result of the COVID-19 pandemic. The (...)

The EU Commission publishes the results of its policy evaluation of the State aid modernisation reform
Hogan Lovells (Brussels)
Belgique 37 contributions 6510 visites
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 30 October 2020, the Commission published the results of its policy evaluation of the State aid modernisation (“SAM”) reform launched in 2012 (the “Fitness Check”). The Fitness Check concerned the State aid rules provided in the General Block Exemption Regulation, the de minimis Regulation, (...)

The EU Commission publishes results of an evaluation of State aid rules
Ashurst (Brussels)
Belgium 37 contributions 9314 visits
On 30 October 2020, the European Commission ("Commission") published a Staff Working Documentsummarising the results of the evaluation of EU State aid rules. While State aid rules are broadly fit for purpose, some individual rules will need to be adapted or updated, notably to reflect the (...)

The EU Court of Justice Advocate General Tanchev thinks the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members (Banca Popolare di Bari / Fondo interbancario di tutela dei depositi / Banca d’Italia)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 111149 visits
According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members* The General Court was right in considering that those (...)

The EU Court of Justice clarifies conditions under which a request for de minimis aid can be modified to comply with the ceiling (INAIL / Zennaro)
Hogan Lovells (Brussels)
Belgium 37 contributions 6510 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 28 October 2020, the Court of Justice (“ECJ”) answered a reference for a preliminary ruling from the Consiglio di Stato (Council of State, Italy) concerning the interpretation of Articles 3 and 6 of Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 (...)

The EFTA Surveillance Authority approves grant scheme for local broadcasting in Norway
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28898 visits
ESA approves grant scheme for local broadcasting in Norway* The EFTA Surveillance Authority (ESA) has today approved a Norwegian state aid grant scheme to support the digitisation of local TV and radio broadcasters. The main objectives of the scheme are to contribute to media pluralism and (...)

The EU Commission opens an in-depth State aid investigation into the authorization granted by Belgium to a gambling company to operate virtual betting (Ladbrokes)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56723 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12114 visits
On 23 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on the authorisation granted by Belgium to Derby NV, a local subsidiary of the betting and gambling company Ladbrokes PLC and operating in Belgium under the (...)

The EU Court of Justice clarifies that prices fixed by the State do not necessarily constitute State aid (Eco TLC)
Maastricht University (Maastricht)
Belgium 357 contributions 67093 visits
Attribution to the State does not necessarily Imply Control by the State* Prices fixed by the state do not necessarily confer control to the state over the private resources which are used to pay those prices. Introduction Judging from how many times EU courts have been asked to (...)

The EFTA Surveillance Authority approves aid to an agricultural and trade fair in Norway due to the COVID-19 pandemic (Dyrsku’n)
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28898 visits
COVID-19 pandemic: ESA approves aid to Dyrsku’n agricultural and trade fair in Norway* The EFTA Surveillance Authority (ESA) has today approved aid to Dyrsku’n, Norway’s largest agricultural and trade fair. The aid aims to compensate for pandemic-related losses following the cancellation of (...)

The Italian Supreme Court decides, following a preliminary reference to the EU Court of Justice, that aid which predated EU market liberalisation can constitute new State aid (Fallimento Traghetti del Mediterraneo)
BonelliErede (Brussels)
Belgique 28 contributions 23417 visites
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Luiss Guido Carli University (Rome)
Italie 24 contributions 1168 visites
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BonelliErede (Brussels)
Belgique 24 contributions 2170 visites
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On 16 October 2020, the Supreme Court delivered Decision No. 22631 in a case concerning alleged aid granted by the Italian Government to a company operating in the maritime cabotage sector. Background & facts of the case In 1981, Fallimento Traghetti del Mediterraneo S.p.A. (“TDM”) (...)

The EU Court of Justice AG Kokott criticizes the Commission’s approach to progressive taxation in Poland and suggests that the Court dismiss the appeal (Commission / Poland)
Hogan Lovells (Brussels)
Belgium 37 contributions 6510 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 15 October 2020, Advocate General Kokott delivered her opinion in Case C-562/19 P, Commission v Poland, concerning the appeal of the General Court’s judgment of 16 May 2019 (Joined Cases T-836/16 and T-624/17). The judgment under appeal annulled the Commissions’ decision to open a formal (...)

The EU Court of Justice AG Kokott agrees with the General Court that the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe State aid rules (Commission / Poland) (Commission / Hungary)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 111136 visits
According to Advocate General Kokott, the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe EU State aid rules* State aid rules do not preclude taxation of turnover of undertakings at a progressive rate Following the international trend, Poland and Hungary (...)

The EFTA Surveillance Authority approves prolongation of support to airlines in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28898 visits
COVID-19 pandemic: ESA approves prolongation of support to airlines in Norway* The EFTA Surveillance Authority (ESA) has today approved the extension of the current guarantee scheme for airline operators in Norway until 31 December 2020. Strict containment measures, including travel (...)

The Portuguese Supreme Administrative Court rules that notwithstanding a government decree excluding firms operating in agriculture, an agribusiness may reap the benefits of a corporate tax-relief scheme (Tax Benefits)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2570 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2775 visits
Background and facts of the case The appellant undertaking brought a claim before the Supreme Administrative Court (“SAC”) against the sentence rendered by the Leiria Administrative and Tax Court, which dismissed the judicial claim brought against the payment of additional Corporate Income (...)

The EFTA Surveillance Authority approves renewal of Norwegian support to event organizers in the sports and voluntary sector due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28898 visits
COVID-19 pandemic: ESA approves renewal of support to event organisers in the sports and voluntary sector* The EFTA Surveillance Authority (ESA) has today approved renewal and amendments of a scheme to cover losses following cancellation and postponement of events. Events across Norway (...)

The EU Commission publishes the fourth amendment to the State aid temporary framework to support the economy in the context of the COVID-19 pandemic
Baker McKenzie (Brussels)
Belgique 3 contributions 559 visites
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Allen & Overy (Brussels)
Belgique 13 contributions 4860 visites
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Baker McKenzie (Brussels)
Belgique 5 contributions 1930 visites
On 13 October 2020, the Commission decided to extend the coverage of the Temporary Framework and prolong it for six months until 30 June 2021, except for the section on recapitalisation support, which was extended for three months until 30 September 2021 (4th Amendment). In March 2020, the (...)

The EU Commission prolongs its State aid temporary framework in the context of the COVID-19 pandemic
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2799 visits
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American Chamber of Commerce to the EU
Belgium 24 contributions 24513 visits
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Jones Day (Brussels)
Belgium 11 contributions 3791 visits
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On 13 October 2020, the European Commission decided to prolong and extend the scope of the State Aid Temporary Framework as follows: Extension of Temporary Framework: All sections of the Temporary Framework are prolonged for six months until 30 June 2021, except the section that enables (...)

The EU Commission prolongs and expands temporary framework to further support companies facing significant turnover losses due to the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2942210 visites
State aid: Commission prolongs and expands Temporary Framework to further support companies facing significant turnover losses* The European Commission has decided to prolong and extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the economy in the (...)

The EU Commission announces extension of the EU State aid temporary framework in the context of the COVID-19 pandemic
Baker Botts (Brussels)
Belgique 28 contributions 21601 visites
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University of Tilburg
Belgique 15 contributions 14340 visites
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Baker Botts (Brussels)
Belgique 7 contributions 9839 visites
Prolongs the Regime until 30 June 2021, Allows for Short-term Support for Uncovered Fixed Costs and Adapts Conditions for State Recapitalization Measures The European Commission (‘Commission’) relaxed the strict EU state aid rules and introduced a Temporary Framework (‘TF’) in March 2020 to (...)

The EU Commission prolongs and expands COVID-19 temporary framework to further support companies facing significant turnover losses
Hogan Lovells (Brussels)
Belgium 37 contributions 6510 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 13 October 2020, the Commission prolonged the scope of the COVID-19 Temporary Framework adopted on 19 March 2020. All sections of the Temporary Framework have been prolonged for six months (i.e. until 30 June 2021), and the section to enable recapitalisation support is prolonged for three (...)

The EU Commission extends for the fourth time the State aid temporary framework to support the economy in the context of the COVID-19 pandemic
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 35 contributions 32805 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 2 contributions 736 visites
On October 13, the Commission extended and expanded for the fourth time the scope of the State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak (the “TF”).. Based on this amendment, all TF provisions are extended until June 30, 2021 while the section on (...)

The EU Commission adopts the fourth amendment to the State aid temporary framework because of the COVID-19 pandemic, making Serbia add recapitalization measures
BDK (Podgorica)
Monténégro 17 contributions 1513 visites
Since the beginning of the COVID-19 crisis, the Government of Serbia has adopted several state aid measures aimed at helping the economic entities preserve jobs and liquidity. In this respect, the Government took the lead from the European Commission and its measures adopted within the scope (...)

The EU Commission approves €1.5 billion Italian scheme to support companies affected by COVID-19 outbreak in Southern Italy
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2942210 visites
State aid: Commission approves €1.5 billion Italian scheme to support companies affected by coronavirus outbreak in Southern Italy* The European Commission has approved a €1.5 billion Italian scheme to support companies operating in regions of Southern Italy affected by the coronavirus (...)

The EU General Court provides additional guidance on the scope of the presumption of the advantage granted by State guarantees (IFPEN)
Hogan Lovells (Brussels)
Belgium 37 contributions 6510 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 5 October 2020, the General Court delivered another important judgment in the so-called EPIC saga – where “EPIC” is a French acronym standing for “Établissement Public à caractère Industriel et Commercial” (“Publicly owned industrial and commercial establishment”). The EPICs came under (...)

The EU Commission consults Member States on a proposal to prolong and adjust State aid Temporary Framework in the context of the changing COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2942210 visites
Coronavirus: Commission Statement on consulting Member States on proposal to prolong and adjust State aid Temporary Framework* Today, the European Commission has sent to Member States for consultation a draft proposal to prolong until 30 June 2021 the State aid Temporary Framework, adopted (...)

The Spanish Supreme Court grants an appeal allowing a real estate tax break to the nationalised shipyard company (Navantia)
Judicial Ethics Commission (Madrid)
Spain 39 contributions 2224 visits
The Spanish Supreme Court, after the Ferrol Administrative Court had raised the question for a preliminary ruling to the Court of Justice, upheld the cassation filed by Navantia against the judgement delivered by the Galicia High Court of Justice, and recognized the exemption from Real Estate (...)

Procedures

 The EU Court of Justice clarifies the extent to which a document containing sensitive personal information requested as part of an RFI is relevant to an investigation by ordering interim measures in a Court order (Facebook)
Clifford Chance (Brussels)
Belgique 1 contribution 197 visites
Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?* The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case (...)

The EU General Court President issues two orders for interim measures on personal data gathered in EU antitrust probes against a major social media platform (Facebook)
Cleary Gottlieb Steen & Hamilton (Milan)
Italie 1 contribution 449 visites
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Clifford Chance (Brussels)
Belgique 2 contributions 661 visites
In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to (...)

The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until a specific virtual data room procedure is set up (Facebook)
KU Leuven
Belgium 15 contributions 3503 visits
On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s (...)

The EU Court of Justice confirms that the General Court is not bound to accept a request for the examination of witnesses when it has sufficiently proven that an undertaking took part in an anti-competitive agreement (Silver Plastics)
European Commission - DG COMP (Brussels)
Belgique 6 contributions 1205 visites
Witness Hearings In Competition Cases – The Silver Plastics Judgment* On 22 October 2020, the European Court of Justice (ECJ) confirmed in Silver Plastics that the General Court (GC) is not bound to accept a request for the examination of witnesses when it has sufficiently proven that an (...)

The Austrian Supreme Court holds that the concept of ‘causal link’ in damages actions brought for a breach of Articles 101/102 TFEU is a mere ‘factual’ one in a judgment concerning the elevator cartel (Otis II)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 30008 visites
1. Factual and legal background By judgment of 21 October 2020 in Case 9 Ob 86/19s, the Austrian Supreme Court acting as appellate court in civil law matters (Oberster Gerichtshof als Rekursgericht in Zivilrechtssachen) ruled, after having resumed proceedings upon referral back of the case (...)

The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)
Hogan Lovells (Brussels)
Belgium 37 contributions 6510 visits
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Van Bael & Bellis (Brussels)
Belgium 155 contributions 35103 visits
On 21 October 2020, the Court of Justice answered a request for a preliminary ruling made by the French Conseil d’État (“Council of State”), which raised interesting questions with regard to the notion of “State resources” within the meaning of Article 107(1) TFEU. The background of the case (...)

The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84290 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4939 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 13 contributions 3186 visites
(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling (...)

The Swedish Government submits a draft bill to the Council on Legislation regarding a proposal for enhanced powers for the Swedish Competition Authority’s administration of investigations and fines
Swedish Competition Authority (Stockholm)
Suède 70 contributions 10337 visites
Draft bill submitted to the Council on Legislation regarding a proposal for enhanced powers of the Swedish Competition Authority* In a draft bill submitted to the Council on Legislation, the Government proposes that the Swedish Competition Authority’s decision-making powers should be (...)

Regulatory

 The Australian Competition Authority announces that prices for wholesale telecom transmission services are set to fall following its decision to reduce the regulated prices for the declared domestic transmission capacity service
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Prices for regulated transmission services set to fall* The price of wholesale transmission services in many regional and rural parts of Australia will fall substantially following the ACCC’s decision to reduce the regulated prices for the declared Domestic Transmission Capacity Service (...)

The Australian Competition Authority announces its first-class exemption ever aimed at fuel retailers to collectively negotiate with wholesalers
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84770 visits
Class exemption will enable small businesses to collectively bargain* An ACCC class exemption due to commence in early 2021 will allow small businesses, franchisees and fuel retailers to collectively negotiate with their suppliers and processors, franchisor or fuel wholesaler respectively, (...)

The Russian Competition Authority approves the first two manufacturers on the maximum selling price of medicine favipiravir used in treating COVID-19 and announces that the price registration will increase its availability for the country’s population
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
FAS: After Favipiravir Price Registration, Its Retail Price Will Be Reduced at Least Twice* Registering the price of a medicine for treatment of COVID-19 will significantly increase its availability for the Russian population The FAS Russia has approved the first two pharmaceutical (...)

The Romanian Competition Authority analyses the competitive impact of legislation requiring accounting and medical services firms to be owned or managed only by field professionals
Romanian Competition Council (Bucharest)
Romania 160 contributions 29477 visits
The Competition Council Analyses the Impact of Accounting and Medical Services Legislation on Competition* The Competition Council conducts a study to analyse the impact of the legislative provisions that oblige the undertakings in the field of accounting and medical services to be owned and (...)

The Russian Competition Authority develops jointly with the Ministry of Health a draft decree that will not allow disappearance of scarce medicine
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57346 visits
FAS is Developing Jointly With the Russian Ministry of Health Draft Decree That Will Not Allow Disappearance of Scarce Medicine* The document is designed to ensure the availability of low-cost life-saving medicine for patients The FAS Russia together with the Ministry of Health of Russia (...)

The New Zealand Competition Authority consults on draft report by national dairy co-operative on its 2020/21 milk price manual
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 180 contributions 25403 visites
Commission consults on draft report on Fonterra’s 2020/21 Milk Price Manual* The Commerce Commission today released its draft report on its annual review of Fonterra’s Farmgate Milk Price Manual for the 2020/21 dairy season. This year’s review focused on the changes Fonterra has made to (...)

The Turkish Administrative Court decides that the practices based on secondary legislation in force cannot be deemed as violation of the competition law (EMO)
ACTECON (Istanbul)
Turquie 12 contributions 4306 visites
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ACTECON (Istanbul)
Turquie 9 contributions 1899 visites
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ACTECON (Istanbul)
Turquie 9 contributions 2375 visites
Introduction On 13 October 2020, the Turkish Competition Authority (“TCA”) announced that Ankara 17th Administrative Court (“Court”) suspended the TCA’s decision fining the practices of Electrical Engineers Chamber (Elektrik Mühendisleri Odası – “EMO ”) with respect to the establishment of (...)

The EU Commission’s new FDI regulation becomes directly applicable in Malta
Fenech & Fenech Advocates (Valletta)
Malte 3 contributions 237 visites
The global nature of many corporate transactions involving subsidiaries and affiliates located all around the world has spurred the need for the enactment of Regulation (EU) 2019/452 (the “Regulation”). Foreign direct investment controls vary in different countries across the globe but prior (...)

The EU Parliament and Council put in force a regulation for the screening of foreign direct investments
Van Bael & Bellis (Brussels)
Belgium 33 contributions 4382 visits
On 11 October 2020, the EU FDI Screening Regulation entered into force. Adopted in March 2019, it covers EU Member States’ procedures to assess, investigate, authorise, condition, prohibit or unwind foreign direct investment ( FDI ). FDI screening protects national security interests by (...)

The EU Parliament and Council release a regulation on foreign direct investment screening regime
White & Case (Frankfurt)
Allemagne 2 contributions 546 visites
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White & Case (Düsseldorf)
Allemagne 38 contributions 15950 visites
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White & Case (Brussels)
Belgique 50 contributions 38767 visites
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While there is still no standalone foreign direct investment (FDI) screening at the EU level, the EU continues to push for a coordinated approach toward foreign direct investments into the EU. The key instrument is the EU Screening Regulation, which has entered into force on October 11, 2020. (...)

The EU Parliament and Council establish a framework for the screening of foreign direct investments
Hogan Lovells (Brussels)
Belgique 3 contributions 862 visites
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Hogan Lovells (Brussels)
Belgique 21 contributions 8962 visites
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Hogan Lovells (Brussels)
Belgique 2 contributions 644 visites
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The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started, 11 October 2020. It is still early days to anticipate how the EU rules will be implemented in practice by the member states and the European (...)

The EU Parliament and Council pass a regulation for the screening of foreign direct investments into the EU
Ashurst (London)
Royaume-Uni 19 contributions 6395 visites
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ADNOC Group (Abu Dhabi)
Émirats arabes unis 29 contributions 5551 visites
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Ashurst (Brussels)
Belgium 45 contributions 46253 visits
On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union (the "FDI Regulation") became fully applicable. In the 18 months since the FDI Regulation was enacted, the Regulation and the European Commission’s (...)

The EU Parliament and the Council establish a framework for the screening of foreign direct investments into the Union
University of Macau - Faculty of Law
Chine 284 contributions 226340 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 (...)

The EU Parliament and Council see their framework for the screening of foreign direct investments enter into force
Peter Camesasca Advocaat (Brussels)
Belgique 34 contributions 13462 visites
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Covington & Burling (Frankfurt)
Allemagne 13 contributions 6494 visites
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Cooley (London)
Royaume-Uni 11 contributions 2515 visites
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On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which (...)

The EU Parliament and Council release regulation on foreign direct investments which impacts their applications into Spain including those not undergoing the screening
Herbert Smith Freehills (Madrid)
Espagne 2 contributions 154 visites
Introduction Royal Decree-law 8/2020, of 17 March, on urgent extraordinary measures to tackle the economic and social impact of COVID-19 (“RDL 8/2020”) included a new article 7 bis in Law 19/2003, of 4 July, on the legal regime applicable to capital movements and economic transactions abroad (...)

The EU Parliament and Council enact the EU FDI screening regulation
Van Bael & Bellis (Brussels)
Belgium 33 contributions 4382 visits
On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the European Union adopted on 19 March 2019 (the “EU FDI Screening Regulation”) fully entered into force. While the EU FDI Screening Regulation does not itself establish a (...)

The US DoJ issues a positive Business Review Letter to a financial derivatives trade organization for its proposed amendments to address interest rate benchmarks (International Swaps and Derivatives Association)
US Department of Justice (Washington)
United States 181 contributions 80072 visits
Justice Department Issues Favorable Business Review Letter To ISDA For Proposed Amendments To Address Interest Rate Benchmarks* The Department of Justice’s Antitrust Division announced today that it has completed its review of the proposal by the International Swaps and Derivatives (...)

The Icelandic Parliament makes amendments to the competition act
Aquis Exchange
United Kingdom 12 contributions 2199 visits
On 30 June 2020, the Icelandic parliament approved a bill (the “Bill”) to amend the Competition Act No. 44/2005 (the “Act”). The amendments are intended to simplify the implementation of the Act. They also modify notification thresholds as well as conditions for merger clearance, and (...)

The EU Commission sees its Foreign Direct Investment Regulation come into force
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 35 contributions 32805 visites
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Macfarlanes (Brussels)
Belgique 15 contributions 16628 visites
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Cleary Gottlieb Steen & Hamilton (Paris)
France 15 contributions 12497 visites
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On October 11, 2020, the EU Foreign Direct Investment Regulation—which establishes a European framework for the screening of foreign investments into the European Union—entered into force. The legislation attempts to address growing concerns (compounded by the COVID-19 pandemic) regarding (...)

International

 Spain: The Audiencia Provincial of Alicante substantially upholds a judgment of the commercial court of Alicante in a follow-on damage claim based on the trucks cartel, condemning a truck manufacturer to pay damages based on a 10% overcharge (Volvo AB)
Baker McKenzie (Madrid)
Espagne 34 contributions 25620 visites
In July 2016, the European Commission fined truck manufacturers DAF, Iveco, Daimler and Volvo/Renault € 2.92 billion for participating in a price-fixing cartel between 1997 and 2011. The leniency applicant, MAN, was exempted from its fine, while the non-settling firm, Scania, was fined € 880 (...)