September 2020

General antitrust

 The Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy
Swedish Competition Authority (Stockholm)
Suède 69 contributions 9926 visites
,
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35803 visits
,
Icelandic Competition Authority
8 contributions 1513 visits
…
Nordic Competition Authorities release joint memorandum on digital platforms and the future of European policy* As a contribution to the debate on competition enforcement in the digital era and future rules for digital platforms, the Nordic competition authorities are today publishing a (...)

The Nordic Competition Authorities publish a joint memorandum setting out their perspective on competition in digital markets
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
On 28 September 2020, the competition authorities of Sweden, Denmark, Finland, Norway and Iceland issued a joint memorandum setting out their perspective on competition in digital markets (the “Joint Memorandum”). As previously reported in this newsletter (see, VBB on Competition Law, Volume (...)

The Nordic Competition Authorities release a joint memorandum on digital platforms and the future of European policy on issues of competition in digital markets
Bird & Bird (Copenhagen)
Danemark 36 contributions 8066 visites
,
Bird & Bird (Copenhagen)
Danemark 23 contributions 2492 visites
In order to contribute to the ongoing policy discussion on the challenges following the rise of digital technologies, the Nordic competition authorities have published a memorandum entitled “Digital platforms and the potential changes to competition law at the European level”. The aim of the (...)

The Austrian Competition Authority finishes its comprehensive sector inquiry into the taxi and private hire car market
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
On 24 September 2020, the Austrian Federal Competition Authority (the “FCA”) published its final report on the sector inquiry into the taxi and private hire car market (the “Report”). The comprehensive sector inquiry was launched in September 2019 to ascertain the effects of amendments to the (...)

The EU Commission starts two studies into the mobile payment sector after setting out its financial digital package
Schibsted (Oslo)
26 contributions 16878 visites
,
White & Case (Düsseldorf)
Allemagne 36 contributions 14326 visites
,
White & Case (London)
Royaume-Uni 1 contribution 115 visites
…
The EC is seeking to investigate the mobile payments sector by launching two tenders by the end of October for the provision of expert reports on the sector. The first tender aims to “gather informed knowledge, in the form of a report, about the state and evolution of contactless and mobile (...)

The Austrian Competition Authority releases its final report on sector inquiry into the taxi and private hire car market
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA publishes final report on sector inquiry into the taxi and private hire car market* The Austrian Federal Competition Authority (AFCA) launched a comprehensive sector inquiry into the taxi and private hire car market in September 2019. The Austrian Federal Competition Authority (AFCA) (...)

The Dutch Competition Authority draws up rules of thumb for sustainability claims by companies about their products and services
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34948 visits
ACM draws up rules of thumb for sustainability claims* The Netherlands Authority for Consumers and Markets (ACM) has drawn up rules of thumb for sustainability claims that businesses use when selling their products and services. With these rules of thumb, ACM believes that businesses will (...)

The Chinese State Administration for Market Regulation issues antitrust guidelines on how companies can avoid administrative penalties and reduce fines in cases of antitrust infringement
Lang Yue (Beijing)
Chine 2 contributions 110 visites
,
Zhao Sheng (Beijing)
2 contributions 110 visites
,
Linklaters (Beijing)
Chine 2 contributions 110 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In the summer of 2020, China’s State Administration for Market Regulation (SAMR) published four antitrust guidelines signed-off by the Anti-monopoly Commission (...)

The Austrian Competition Authority gains the right of action in relation to any non-compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in the P2B Regulation
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA granted right of action in relation to P2B Regulation on promoting fairness and transparency for business users of online intermediation services* The EU Regulation on platform-to-business relations (P2B Regulation), which promotes fairness and transparency for business users of online (...)

The Australian Competition Authority releases an airline competition report exploring the impact of COVID-19 on the sector
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Airline competition critical for consumers and economy* The ACCC’s Airline Competition in Australia reportreleased today explores the significant impact of COVID-19 on the sector and outlines the approach the ACCC will take to protecting competition. The report is the first under the Federal (...)

The International Competition Network addresses enforcement and policy challenges of the digital economy conference co-hosted with the US DoJ and FTC
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
International Competition Network Addresses Enforcement and Policy Challenges of the Digital Economy at United States-Hosted 19th Annual Conference The International Competition Network held its 19th annual conference on Sept. 14-17, 2020. Co-hosted by the Federal Trade Commission and the (...)

The Georgian Parliament approves a package of amendements to the national competition law which have been drafted with the support of an EU-funded project
Georgian Competition Authority (Georgia)
Géorgie 9 contributions 548 visites
Parliament of Georgia has approved a package “On Amendments to the Law on Competition”* Significant amendments to the Law of Georgia on Competition have been drafted with the involvement of an EU-funded project - “Support to the Georgian Competition Agency,” the Competition Council of (...)

The New Zealand Competition Authority warns mobile operators that they should improve consumer choice through easier comparisons (Spark / Vodafone / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Mobile operators should improve consumer choice through easier comparisons* The Commerce Commission has told New Zealand’s three mobile network operators that they should provide more meaningful comparison information and guard against overspending by mobile phone consumers. Mobile operators (...)

The Hellenic Competition Authority launches a dialogue concerning sustainable development in the context of effective competition
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Subject: HCC initiatives in relation to sustainable development in the context of effective competition* At a time when the phenomenon of climate change becomes more acute, the need to accelerate the transformation of the Greek economy becomes urgent, through the adoption of environmentally (...)

The Georgian Competition Authority issues draft amendments to reform the competition law policy
Georgian Competition Authority (Georgia)
Géorgie 9 contributions 548 visites
Irakli Lekvinadze - with the amendments to the competition law, Georgia has more comprehensive legislation in accordance with DCFTA requirements* Following one of the requirements of the Deep and Comprehensive Free Trade Agreement (DCFTA) with the European Union, a draft amendment to the Law (...)

The Belgian Competition Authority adopts fining guidelines which extend the scope to include the sanction for abuse of economic dependency
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11068 visits
,
Van Bael & Bellis (Brussels)
Belgique 15 contributions 2971 visites
,
Van Bael & Bellis (Brussels)
Belgique 3 contributions 406 visites
On 3 September 2020, the Belgian Competition Authority adopted new guidelines on the method of setting fines for competition law infringements (the “Fining Guidelines”). The Fining Guidelines were published in the Belgian Official Journal on 16 September 2020 and entered into force (...)

The Belgian Competition Authority updates its guidelines on the calculation of fines
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22699 visits
Guidelines of the Belgian Competition Authority on the calculation of fines* As a result of the Royal Decree of 31 July 2020 published in the Belgian Official Gazette on 12 August 2020, the new Article IV.79 of the Code of Economic Law (CEL) entered into force on 22 August 2020. Pursuant (...)

The New Zealand Competition Authority releases final report on multinational dairy company’s milk price (Fonterra)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commission releases final report on Fonterra’s milk price* The Commerce Commission has today released its final report on Fonterra’s base milk price calculation for the 2019/20 dairy season. Mobile operators should improve consumer choice through easier comparisons The base milk price is the (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expand the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
États-Unis 3 contributions 2126 visites
New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

The UK Competition Authority responds to the EU Commission’s consultations in relation to the digital services act package and new competition tool
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
On 14 September 2020, the CMA published its response to the European Commission’s public consultations in relation to the Digital Services Act (DSA) and the New Competition Tool (NCT). The CMA is broadly supportive of the Commission’s DSA proposals. Notably, the regulation of large online (...)

The Saudi Arabian Competition Authority imposes a penalty on a refrigerating company for withholding information and denying access to company records (Abdullah Abar)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1572 visits
The General Authority for Competition announces the penalty imposed on Abdullah Abar and Sons Refrigerators Company* Based on the functions and competencies of the General Authority for Competition in the enforcement of the competition system and as an extension of its role in protecting and (...)

The Singapore Competition Authority publishes a market study on e-commerce platforms
Bird & Bird (Singapore)
Singapour 5 contributions 449 visites
,
Bird & Bird (Singapore)
Singapour 4 contributions 382 visites
Digital platforms have experienced significant growth and popularity in Singapore in recent years and COVID-19 has accelerated its proliferation. The rapid pace of innovation and broad adoption of these platforms have raised significant competition concerns both local and abroad. In (...)

The Singapore Competition Authority publishes its findings and recommendations from its market study on e-commerce platforms
Ashurst (Sydney)
Australie 9 contributions 2867 visites
,
Ashurst (Singapore)
Singapore 14 contributions 16226 visits
On 10 September 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its findings and recommendations from its market study on e-commerce platforms. While the market study did not identify any significant competition concerns in the sector, the CCCS has concurrently (...)

The German Government publishes draft for new competition rules including a provision specifically aimed at powerful digital gatekeepers
Heinz & Zagrosek (Köln)
Allemagne 23 contributions 13086 visites
Draft German competition rules on powerful digital gatekeepers* The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC. The (...)

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
,
Van Bael & Bellis (Brussels)
Belgique 30 contributions 3976 visites
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel (...)

The Finnish Competition Authority announces that all Nordic countries have joined the agreement on cooperation in competition cases
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12558 visits
All Nordic countries have now joined the Agreement on Cooperation in Competition Cases* In July 2020, Iceland joined the Nordic Agreement on Cooperation in Competition Cases. Denmark, Finland, Norway and Sweden had already joined the agreement. All Nordic countries are now parties to the (...)

The UK Competition Authority starts reviewing its study of the legal services market in England and Wales on the transparency of price, quality, and service
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
CMA to assess progress in legal services sector* The CMA is reviewing the legal services sector in England and Wales to assess whether transparency of price, quality and service have improved. In 2016, the CMA carried out a market study into the supply of legal services in England and (...)

The Dutch Competition Authority launches a market study into information systems and information exchange in the hospital sector
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34948 visits
ACM launches market study into information systems and information exchange in the hospital sector* The Netherlands Authority for Consumers and Markets (ACM) wishes to gain more insight into the functioning of the markets for hospital information systems, and into the digital exchange of (...)

The EU Commission publishes a proposal for the Council and the Parliament to eliminate duties on certain products imported in the EU
Portolano Cavallo (Milan)
Italie 10 contributions 814 visites
,
Portolano Cavallo (Milan)
Italy 36 contributions 6802 visits
On September 8, 2020, the European Commission (“Commission”) published a proposal for a Council and European Parliament regulation to eliminate duties on certain products imported to the European Union (full text accessible here). In return, the United States will reduce its duties on certain (...)

The EU Commission publishes a review of the vertical block exemption regulation which addresses the questions of big data and access to data
Bird & Bird (Budapest)
Hongrie 18 contributions 2373 visites
,
Bird & Bird (Budapest)
Hongrie 16 contributions 2128 visites
Issues around Big Data and access to data as an essential input are rapidly gaining importance in vertical relationships. This was made clear in the Commission’s recently published evaluation of stakeholder input in the context of the review of the VBER. In the past, the Hungarian (...)

The EU Commission releases a staff working document evaluation on the vertical block exemption regulation which gives guidance on online restrictions
Ecija & Asociados (Madrid)
Espagne 20 contributions 2162 visites
,
Bird & Bird (Madrid)
Espagne 29 contributions 4673 visites
The rapid development that the e-commerce sector has undergone in the last decade has meant its definitive implementation as one of the most relevant routes to market. This development has come along with important judgments of the European Court of Justice ("ECJ") on this matter. Cases such (...)

The EU Commission publishes a staff working document on the vertical block exemption regulation but does not address any guidance on most-favored-nation clauses
Bird & Bird (The Hague)
Pays-Bas 2 contributions 450 visites
,
KPN (Amsterdam)
Pays-Bas 33 contributions 7184 visites
On 8 September 2020, the European Commission published its Staff Working Document (“Evaluation Document”) on the results of its evaluation of the VBER and its accompanying guidelines. One of the key gaps in the current framework is the absence of guidance on how retail parity clauses should be (...)

The EU Commission publishes a working document summarizing the findings of the evaluation phase of the review for the vertical block exemption regulation and its guidelines
Addleshaw Goddard (Paris)
France 39 contributions 44058 visites
,
ADNOC Group (Abu Dhabi)
Royaume-Uni 29 contributions 5360 visites
On 8 September 2020, the European Commission ("Commission") published a working document (the "Evaluation Report") summarising the findings of the evaluation phase of the review of the Vertical Block Exemption Regulation ("VBER") and the Guidelines on Vertical Restraints ("Vertical (...)

The UK Competition Authority signs multilateral cooperation framework with its 5 counterparts in Australia, Canada, New Zealand and the US
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
CMA to increase competition cooperation with international partners* The CMA has signed a new framework with 5 of its international counterpart competition authorities to improve co-operation on investigations. The Multilateral Mutual Assistance and Cooperation Framework for Competition (...)

The German Competition Authority releases its 2019 annual report with focus on the digital economy
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt – 2019/2020 Annual Report* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s brochure “2019 Annual Report”. The publication is aimed at readers interested in economic policy and provides an overview of the Bundeskartellamt’s activities in (...)

The Australian Competition Authority partners with its counterpart competition agencies from five other countries to coordinate on cross-border investigations
Bird & Bird (Sydney)
Australie 28 contributions 3386 visites
,
Bird & Bird (Sydney)
Australie 21 contributions 2413 visites
The Australian Competition and Consumer Commission (ACCC) recently entered into a new memorandum of understanding with its counterpart competition agencies from five other countries in order to share intelligence and investigate techniques to better coordinate competition investigations across (...)

The Japanese FTC publishes a market research report on transactions between franchisers and franchisees
White & Case (Tokyo)
Japan 21 contributions 3379 visits
,
White & Case (Tokyo)
Japan 20 contributions 3285 visits
,
White & Case (Tokyo)
Japan 21 contributions 3379 visits
On September 2, 2020, the JFTC published a market research report (“Report”) on transactions between the headquarters of convenience stores (i.e., franchisers) and their franchisees. Previously, the JFTC conducted a similar market research in 2011. The Report indicates some situations that (...)

The US FTC signs Multilateral Mutual Assistance and Cooperation Framework with US DOJ and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Chairman Joseph J. Simons Signs Antitrust Cooperation Framework with Australia, Canada, New Zealand, and United Kingdom* Multilateral Mutual Assistance and Cooperation Framework seeks to improve cooperation in an increasingly global economy Today, Federal Trade Commission Chairman (...)

The US DoJ signs antitrust cooperation framework with US FTC and competition authorities in Australia, Canada, New Zealand, and the United Kingdom
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Assistant Attorney General Makan Delrahim Signs Antitrust Cooperation Framework With Australia, Canada, New Zealand, And United Kingdom* Multilateral Mutual Assistance and Cooperation Framework aims to boost international cooperation efforts Today, Assistant Attorney General Makan Delrahim (...)

The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK, and the US
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Competition agencies to coordinate on cross-border investigations* Competition agencies from five countries including Australia will share intelligence, case theories and investigative techniques to better coordinate investigations across international borders, thanks to a new cooperation (...)

The UK Competition Authority signs a cooperation framework with the US, Canadian, Australian, and New Zealand Competition Authorities
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
On 2 September 2020, the US Department of Justice Antitrust Division (DoJ), the US Federal Trade Commission, the UK Competition and Markets Authority (CMA), the Australian Competition and Consumer Commission, the New Zealand Competition Commission, and the Canadian Competition Bureau signed a (...)

The New Zealand Competition Authority signs multilateral framework enhancing international cooperation on competition enforcement with Australia, Canada, UK, and the US
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commerce Commission signs multilateral framework enhancing international cooperation on competition enforcement* The Commerce Commission has signed a multilateral assistance and co-operation framework to enhance international cooperation on competition enforcement with the Australian (...)

The Canadian Competition Authority signs a competition enforcement framework with five foreign counterparts to strengthen its relationship and enhance cross-border enforcement
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10514 visits
Competition Bureau strengthens relationship with five foreign counterparts to enhance cross-border enforcement* News release Today, the Competition Bureau signed a new competition enforcement framework with the Australian Competition and Consumer Commission, the New Zealand Commerce (...)

The Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
Journal of Parliamentary and Political Law (Ottawa)
France 49 contributions 20982 visits
Introduction The 21st century has brought about new challenges for competition agencies. Globalisation, falling trade barriers, deregulation and digitalisation are just some of the difficult issues agencies must now consider to ensure and protect free and open competition. To this end, (...)

Anticompetitive practices

 The Slovak Competition Authority investigates a possible agreement in public procurement for engineering agriculture
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
CARTELS: AMO SR initiated an administrative proceedings in the matter of a possible agreement restricting competition in a public procurement for the provision of engineering services in the field of agriculture* On 30 September 2020 the Antimonopoly Office of the Slovak Republic, the (...)

The Swedish Competition Authority discovers improper public procurement of parking meters (Örebro Municipality)
Swedish Competition Authority (Stockholm)
Suède 69 contributions 9926 visites
Parking meters were improperly procured by Örebro Municipality* Örebro Municipality has made an illegal direct award of parking meters. The Swedish Competition Authority is now turning to the Administrative Court and petitioning for the municipality to be ordered to pay a procurement fine of (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
Allemagne 12 contributions 2010 visites
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
Spieker & Jaeger (Dortmund)
Germany 3 contributions 2253 visits
The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
Allemagne 39 contributions 4319 visites
,
Hogan Lovells (Munich)
Germany 65 contributions 25055 visits
,
Hogan Lovells (Düsseldorf)
Germany 4 contributions 1197 visits
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative (...)

The Mexican Competition Authority investigates possible absolute monopolistic practices in the market for waterproofing products
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25962 visits
COFECE investigates possible absolute monopolistic practices in the market for waterproofing products* The Investigative Authority has evidence to suggest anticompetitive conducts in said market. This investigation must not be understood as a prejudgment, but as an action by the authority to (...)

The Romanian Competition Authority sanctions 5 companies with €468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27642 visits
The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct (...)

The EU Commission fines car parts suppliers €18 million in cartel settlement in the market for closure systems for cars (Brose / Kiekert / Magna)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
Antitrust: Commission fines car parts suppliers of € 18 million in cartel settlement* The European Commission has fined Brose and Kiekert a total of € 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area (EEA). Magna was not (...)

The Romanian Competition Authority fines five companies € 468,000 for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Van Bael & Bellis (Brussels)
Belgique 15 contributions 2971 visites
On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 (...)

The Dutch Competition Authority fines 4 cigarette manufacturers EUR 88 million for distorting competition through exchange of information through third parties (British American Tobacco / JT International / Phillip Morris / Van Nelle Tabak)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34948 visits
Four cigarette manufacturers fined 82 million euros for distorting competition* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines totaling more than 82 million euros on four major cigarette manufacturers. Between July 2008 and July 2011, they distorted competition. (...)

The Bulgarian Competition Authority addresses allegations for participation in an agreement for fixing the resale price of child care and mother care products (Smart SM)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2807 visites
CPC has addressed allegations for committed infringement of Art. 15, par. 1 of the LPC to Smart SM OOD* By Statement No. 732/17.09.2020 delivered under case No. КЗК-359/2018 on the grounds of art. 74, par. 1, item 3 of the LPC, the CPC has addressed allegations for committed infringement of (...)

The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56484 visits
,
Clifford Chance (Brussels)
Belgique 7 contributions 1326 visites
According to a press release issued by the Austrian Federal Competition Authority (“FCA”), the Austrian Cartel Court ruled on 24 September 2020 that musical instruments maker Roland Germany GmbH (“Roland Germany”) had violated the competition rules by entering into agreements fixing minimum (...)

The Norwegian Competition Authority considers imposing fines on four publishers and a book database company for illegally sharing competitive sensitive information (Cappelen Damm / Forlagshuset Vigmostad & Bjørke / Gyldendal / Aschehoug / Bokbasen)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3919 visits
Considers imposing fines on five companies in the book market totalling NOK 502 million* The Norwegian Competition Authority warns in a statement of objections that it considers imposing fines of NOK 502 million in total on the four publishers Cappelen Damm, Forlagshuset Vigmostad & (...)

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to (...)

The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability, and fines the company €104.6M for taking part in an international cartel (Prysmian)
Ashurst (London)
Royaume-Uni 18 contributions 6212 visites
,
Ashurst (Brussels)
Belgique 45 contributions 45861 visites
On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international Power Cable cartel. WHAT YOU NEED TO KNOW - (...)

The US District Court for the Middle District of Florida indicts a former cancer center president for participation in a long-running antitrust conspiracy (Dr. William Harwin)
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Former Cancer Center President Indicted For Participation In Long-Running Antitrust Conspiracy* A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC (FCS), for conspiring to allocate (...)

The Finnish Competition Authority proposes a fine of €40,000 on the federation of municipalities in social and health services in the region of Kymenlaakso for unlawful direct procurement of ophthalmology services (Kymsote)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12558 visits
FCCA proposes a penalty payment to Kymsote for the unlawful direct procurement of ophthalmology services* On 24 September 2020, the Finnish Competition and Consumer Authority (FCCA) submitted a proposal to the Market Court to impose a penalty payment of 40,000 euros on the federation of (...)

The EU Court of Justice dismisses a manufacturing company’s appeal against a fine imposed for the power cable cartel (Prysmian)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92498 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5334 visits
On 24 September 2020, the Court of Justice (“ECJ”) rejected the Italian power-cable manufacturer Prysmi- an’s appeal against the € 104.6 million fine imposed on it by the Commission in 2014 for its involvement in the Power Cables cartel case. The ECJ upheld the earlier ruling by the General (...)

The Hungarian Competition Authority launches an investigation against two marketing undertakings that may have allocated the market (Star Network / 4KIDS)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 18997 visits
The Competition Authority has launched an investigation against two marketing undertakings that may have allocated the market* The Hungarian Competition Authority (GVH) has initiated a proceeding against Star Network MCN Szolgáltató Kft. and 4KIDS Meseportál Kft. due to concerns that the (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (The Hague)
Pays-Bas 7 contributions 3786 visites
,
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 11 contributions 5101 visites
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
Germany 9 contributions 1744 visits
,
Ashurst (Frankfurt)
Germany 15 contributions 4170 visits
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The Spanish Competition Authority initiates disciplinary proceedings against a global oil company for possibly violating its obligation not to indirectly set the recommended retail price for independent station owners operating under its flag (Repsol)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC initiates disciplinary proceedings against Repsol for a possible violation of the provisions in the resolutions of 30 July 2009 and 20 December 2013* The CNMC has initiated disciplinary proceedings against REPSOL Comercial de Productos Petrolifos, S.A. (Repsol) for a possible breach (...)

The Danish Competition Authority fines a design company for dictating prices (GUBI)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35803 visits
Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

The Spanish Competition Authority sanctions the amendment of the 4th framework agreement on stowage, for restricting competition (ANESCO / CETM / UGT / CC.OO. / CIG / LAB / ELA)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under (...)

The Irish Competition Authority issues preliminary findings to organisations under investigation in the private motor insurance sector (AIG Europe / Allianz / AXA / Aviva / FBD / Brokers Ireland / AA)
Irish Competition Authority (Dublin)
Ireland 102 contributions 16039 visits
CCPC issues preliminary findings to organisations under investigation in the private motor insurance sector* The Competition and Consumer Protection Commission (CCPC) has today issued preliminary findings to five insurers, an insurance industry trade association and an insurance broker: AIG (...)

The Russian Competition Authority detects collusion in the coal supply market (PJSC TGC-2 / Arhoblenergo / TEC)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
FAS Russia detected collusion for 1.5 billion rubles in the coal supply market* The Commission of the FAS Russia recognized PJSC TGC-2, JSC Arhoblenergo and LLC TEC as violating the antimonopoly legislatio. The companies restricted competition by entering into agreements with each other and (...)

The Australian Competition Authority authorizes cooperation in the energy industry under strict restrictions due to COVID-19 outbreak
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Energy industry cooperation authorised with strict conditions* The Australian Energy Market Operator (AEMO) and participants in gas and electricity markets have been authorised to cooperate on measures to secure Australia’s energy supplies during the COVID-19 pandemic. The authorisation (...)

The Polish Competition Authority fines six manufacturers of wooden railroad sleepers for bid-rigging (Track Tec / Kolejowe Zakłady Nawierzchniowe / Sleeper Treatment Plant in Czeremcha / Sleeper Treatment Plant in Koźmin Wielkopolski / ThyssenKrupp / Trade-Port)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
Bid rigging - decision of the president of UOKiK* President of UOKiK Tomasz Chróstny imposed a fine of over PLN 13.5 million on six manufacturers of wooden railroad sleepers. The entrepreneurs entered into a bid rigging for the delivery of products for PKP PLK. The following entrepreneurs (...)

The UK Competition Authority imposes interim measures while it prolongs due to COVID-19 pandemic its investigation of an updated agreement between major airlines on providing slots to other competitors on certain UK-US routes (Atlantic Joint Business Agreement)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
CMA acts to protect competition on UK-US airline routes* Due to coronavirus, the CMA has imposed measures to protect competition on UK-US air routes while it investigates an agreement involving BA and American Airlines. The next year will see the expiry of remedies in place under a set of (...)

The French Competition Authority sanctions three professional organisations for anticompetitive practices in the wine sector (AVA / GPNVA / CIVA)
French Competition Authority (Paris)
France 741 contributions 394291 visits
Alsace wines: The Autorité sanctions three professional organisations for anticompetitive practices* Following evidence and documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité sanctioned two trade associations, (...)

The Ankara Regional Administrative Court annuls the Competition Authority’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81020 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 22 contributions 5513 visites
This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru (...)

The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)
French Competition Authority (Paris)
France 741 contributions 394291 visits
Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also (...)

The US DoJ announces that a former currency trader at a major multinational bank is sentenced to jail and required to pay a fine for participating in price fixing and bid-rigging (Akshay Aiyer)
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Former Foreign Exchange Trader Sentenced To Prison For Price Fixing And Bid Rigging* Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy (...)

The Spanish Competition Authority fines 33 school transport companies and one association with €3.36 million for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92498 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5334 visits
On 9 September 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 3.36 million on 33 school transport companies and fined one association € 15,000 for their involvement in a bid-rigging cartel in the school transport sector in the region of Navarre from 1 December 2013 (...)

The Spanish Competition Authority fines 33 school transport companies and one association for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

The Polish Competition Authority opens two investigations into bid-rigging in the forestry sector (Niedźwiady Forest Inspectorate)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
Two cases of bid rigging in the forestry?* President of UOKiK Tomasz Chróstny has instigated two anti-trust proceedings against companies operating in the field of forest management. Entrepreneurs submitting tenders for forest management services organized by one of Pomeranian forest (...)

The US DoJ Assistant Attorney General Makan Delrahim confirms the opening of two dozen active grand jury investigations into potential criminal antitrust law violations
Baker Botts (Washington)
États-Unis 4 contributions 437 visites
,
Baker Botts (Washington)
États-Unis 4 contributions 579 visites
,
Clifford Chance (Washington)
États-Unis 11 contributions 2539 visites
…
Clients that do business with the federal government should take note: despite the pandemic and the upcoming election, the U.S. Department of Justice (“DOJ”) continues to prioritize its focus on punishing fraudulent and anticompetitive conduct by government contractors, carrying out dozens of (...)

The Italian Competition Authority fines four taxi firms for foreclosure of open platforms (Consortaxi / Taxi Napoli / Radio Taxi Partenope / Desa Radiotaxi)
Herbert Smith Freehills (Milan)
Italie 7 contributions 29708 visites
On 15 September 2020, the Italian Competition Authority (“ICA”) found that four taxi firms had entered into an agreement having as its object the prevention of competition by app providers in Naples. Due to the seriousness of the breach of Article 101 TFEU, a request by the parties that a (...)

The Mexican Competition Authority fines several companies and natural persons for agreeing on retail gasoline prices (Gasmart / Rendichicas / Appro / Magigas / Eco...)
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25962 visits
COFECE sanctions several companies and natural persons for agreeing retail gasoline prices in Tijuana and Mexicali, in Baja California* The Board of Commissioners imposed fines totaling 51 million Mexican pesos to companies of the economic interest groups: Gasmart, Rendichicas, Appro, Magigas (...)

The EU Court of Justice receives a request for a preliminary ruling on restrictions for high-quality products regarding the block exemption regulation (Visma)
Hannes Snellman (Helsinki)
Finlande 23 contributions 3007 visites
A selective distribution system consists of a supplier selecting distributors based on specific, pre-determined criteria while committing to sell the products or services in question only to selected distributors. These distributors commit not to sell such products or services to unauthorised (...)

The Indian Competition Authority launches an investigation into two major e-commerce platforms for alleged vertical agreements in the sale of smartphones (Amazon / Cloudtail India)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
,
Vahura (New Delhi)
Inde 59 contributions 5461 visites
Looking into the alleged violation of Competition Act based on four alleged practices, namely, exclusive launch of mobile phones, preferred sellers on the marketplaces, deep discounting and preferential listing/promotion of private labels, being followed by two major e-commerce platforms, the (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during the COVID-19 pandemic
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic* Subject: Investigation by the Hellenic Competition Commission in the markets of a) healthcare materials, b) other appropriate means of individual or collective protection against the spread (...)

The Auckland High Court fines real estate agencies $4 million for price fixing (Lodge / Monarch)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Hamilton real estate agencies to pay $4 million for price fixing* The Auckland High Court has ordered Hamilton-based Lodge Real Estate Limited (Lodge) to pay $2.1 million and Monarch Real Estate Limited (Monarch) to pay $1.9 million for engaging in price-fixing in breach of the Commerce Act. (...)

The Australian Competition Authority authorizes oil companies to cooperate to secure fuel supplies during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Oil companies authorised to cooperate to secure fuel supplies during COVID-19* The Australian Institute of Petroleum (AIP) and major oil refiners have been granted authorisation by the ACCC to continue cooperating on measures to improve the security of fuel supplies during the COVID-19 (...)

The EU Commission assesses the competitive effects of dual pricing and distribution making the German Competition Authority focus on this matter
Bird & Bird (Dusseldorf)
Allemagne 12 contributions 2010 visites
The EU Commission has confirmed in its recently published Evaluation that it is assessing the competitive effects of dual pricing and dual distribution. Following the significant growth of online sales, these practises have also been a focus of the German FCO. The German FCO has looked at (...)

The EU Commission publishes its staff working document on the vertical block exemption regulation
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3586 visites
On 8 September 2020, the European Commission (“Commission”) published its Staff Working Document (“SWD”) in the context of the ongoing evaluation of Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (“TFEU”) to categories of (...)

The EU Commission publishes a report on the evaluation of the vertical block exemption regulation
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56484 visits
,
Clifford Chance (Brussels)
Belgique 7 contributions 1326 visites
On 8 September 2020, the European Commission (“Commission”) published a report on the Evaluation of the Vertical Block Exemption Regulation (the “Evaluation Report”). For further information, see the Legislative, Procedural and Policy Developments section below. The Evaluation Report reflects (...)

The Italian Competition Authority renders two decisions in the context of the geo-blocking regulation (PV7 / Telepass / Addebiti) (PV9 / Enel)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5441 visites
,
Bird & Bird (Rome)
Italie 19 contributions 4080 visites
The Geo-blocking Regulation came into force on 22 March 2018. It provides that the Member States shall lay down the rules setting out the measures applicable to infringements of the Geo-blocking Regulation and the enforcement of these provisions falls within the jurisdiction of national (...)

The EU Commission publishes a staff working document of the vertical block exemption regulation and does not plan to relax the resale price maintenance rule for franchises
Bird & Bird (London)
Royaume-Uni 28 contributions 3396 visites
,
Bird & Bird (London)
Royaume-Uni 19 contributions 3428 visites
In the last few years, franchising has become an increasingly popular distribution structure across the EU. A franchise is a vertical agreement, and therefore should not contain any of the hard-core restrictions set out in the VBER in order to benefit from the block exemption. Nonetheless, it (...)

The EU Commission publishes its findings on the evaluation of the vertical block exemption regulation
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46119 visits
,
Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3923 visites
,
Latham & Watkins (Brussels)
Belgique 24 contributions 3207 visites
…
Review of VBER . The European Commission (EC) recently published its Staff Working Document containing its findings on the evaluation the Vertical Block Exemption Regulation (VBER) and its Guidelines. The VBER, which provides a safe harbor for contractual restraints (for instance between (...)

The EU Commission publishes its evaluation of the vertical block exemption regulation
Bird & Bird (London)
Royaume-Uni 28 contributions 3396 visites
,
Bird & Bird (London)
Royaume-Uni 19 contributions 3428 visites
Introduction The current Vertical Agreement Block Exemption Regulation (‘VBER’), has been in force since 2010, a mere ten years. Yet it is hard to think of another decade in which the commercial landscape has changed as dramatically. The gradual shift away from the high street to online (...)

The EU Commission publishes findings of the evaluation of the vertical block exemption regulation
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
Antitrust: Commission publishes findings of the evaluation of the Vertical Block Exemption Regulation* The European Commission has today published a Staff Working Document that summarises the findings of the evaluation of the Vertical Block Exemption Regulation (“VBER”), together with the (...)

The EU Commission publishes findings of the evaluation of the vertical block exemption regulation
Bird & Bird (Paris)
France 23 contributions 3204 visites
,
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2704 visites
It is well known that a total ban of online sales constitutes a hardcore restriction of passive sales and is qualified as a restriction of competition by object. This was clearly stated by the EU Commission in its 2010 guidelines and confirmed by the European Court of Justice (ECJ) in the (...)

The Australian Competition Authority authorises supermarkets to continue cooperating on COVID-19 response
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Supermarkets authorised to continue cooperating on COVID-19 response* Supermarket operators will be allowed to continue cooperating to ensure supply of food and groceries in response to the COVID-19 pandemic, under an ACCC authorisation granted today. Coles, Woolworths, Metcash, Aldi, and (...)

The Turkish Competition Authority grants no exemption to the envisaged selective distribution system of a pharmaceutical company (Johnson&Johnson)
ACTECON (Istanbul)
Turquie 2 contributions 452 visites
,
Esin (Istanbul)
Turquie 3 contributions 983 visites
The Turkish Competition Board (“TCB“) has recently issued a no-go decision for the envisaged selective distribution system of Johnson&Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson”). The decision concerns Johnson’s application before the Turkish Competition Authority (“TCA”) for an (...)

The US District Court for the Southern District of Georgia indicts a ready-mix concrete company and individuals for price-fixing and bid-rigging (Evans Concrete)
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Ready-Mix Concrete Company And Individuals Indicted For Fixing Prices And Rigging Bids In Violation Of Antitrust Laws* A federal grand jury returned an indictment against one company and four individuals for their roles in a long-running conspiracy to fix prices, rig bids, and allocate (...)

The Czech Competition Authority fines a garden equipment supplier for resale price maintenance (V-Garden)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56484 visits
According to a press release issued by the Czech Competition Authority (the “Authority”) on 3 September 2020, the Authority has imposed a fine of CZK 7,687,000 on garden equipment supplier V-GARDEN for engaging in resale price maintenance. The Authority reported that, during the period from (...)

The Italian Competition Authority welcomes the decision to annul the tendering procedure for the integrated management of the judicial documents notifications service (Prefecture of Rome)
Italian Competition Authority (Rome)
Italy 69 contributions 18281 visits
The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the assignment of the service of integrated management of the notifications of judicial documents* The Authority had previously sent a reasoned opinion in which it noted (...)

The Polish Competition Authority investigates the outdoor advertising market in Warsaw (AMS / Ströer Polska)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
Division of outdoor advertising market in Warsaw?* President of UOKiK, Tomasz Chróstny, has instigated investigation procedure with respect to activities of companies AMS and Ströer Polska on the outdoor advertising market in Warsaw. The aim of the procedure is to determine whether the (...)

The Serbian Competition Authority launches dawn raids and proceedings against undertakings on the consumer electronics market (Roaming Electronics / Tehnomanija / Comtrade Distribution)
Serbian Commission for Protection of Competition (Belgrade)
Serbie 3 contributions 310 visites
Commission Instituted Proceedings Against Undertakings on the Consumer Electronics Market* The Commission for Protection of Competition instituted ex officio proceedings to investigate infringements of competition, and carried out dawn raids at business premises of companies Roaming (...)

The Norwegian Court of Appeal in Borgarting upholds the Competition Authority’s decision finding illegal cooperation between 2 publishing companies (Cappelen Damm / Gyldendal)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3919 visits
Court of Appeal upholds decision against publishing companies* Borgarting Court of Appeal agrees with the Norwegian Competition Authority that the publishing companies Cappelen Damm and Gyldendal cooperated illegally and boycotted the distributor Interpress. The publishers exchanged (...)

The Russian Competition Authority announces they prevented the creation of a cartel in the pharmaceutical market (Danta / Company Organika)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
Rostov OFAS prevented pharmaceutical cartel with an income of more than 120 million rub* Illegal income of Danta LLC and Company Organika LLC was obtained by colluding at 48 auctions for the supply of medicines Rostov OFAS found that auctions where Danta LLC and Company Organika LLC (...)

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35803 visits
Association of passenger carriers pays a fine of DKK 400,000 for bid rigging* The association of undertakings Økonomisk Forening for Persontransport has accepted a fine of DKK 400,000 (app € 53,643) for coordinating bids between its members. The association of undertakings Økonomisk (...)

The Dutch Competition Authority finds in its market study that supermarkets offer chicken meat that is more sustainable without any anti-competitive agreements
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34948 visits
Dutch supermarkets offer chicken meat that is more sustainable without any anticompetitive agreements* Dutch supermarkets nowadays offer a lot more chicken-meat varieties where the chickens have lived better lives. Virtually all of the chicken meat varieties currently on offer have been (...)

The Australian Competition Authority secures a first-ever individual guilty plea for obstructing a cartel investigation from the infringing company’s general manager (BlueScope Steel)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Ex BlueScope GM Jason Ellis pleads guilty to obstructing cartel investigation* Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), has today entered a guilty plea in Sydney’s Downing Centre Local Court to one charge of inciting the obstruction (...)

Unilateral Practices

 The US FTC requests rehearing en banc by the US Court of Appeals for the Ninth Circuit in a case involving a global semiconductor company’s standard-essential patent licensing practices (Qualcomm)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR * FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment The FAS found that Evotor LLC directed a software update to the cash (...)

The Dutch Competition Authority closes its investigation into a drug manufacturer after receiving assurances that it will not use its discount schemes to force hospitals into exclusive purchases (AbbVie)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34948 visits
ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

The Cypriot Competition Authority holds that an undertaking’s behavior cannot be assessed as breaking competition law if it is required by national legislation (Cyprus Consumer Center for Alternative Dispute Resolution / Financial Ombudsman)
Antoniou McCollum & Co. (Nicosia)
Chypre 15 contributions 16867 visites
In deciding on a complaint lodged by a private alternative dispute resolution body alleging abuse of dominance by the State’s financial ombudsman, the Cypriot Commission for the Protection of Competition (CPC) held that it had no competence to assess the implementation of statutory powers (...)

The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of (...)

The Russian Competition Authority issues second warning to an online booking platform on termination of price parity clauses and restrictive conditions on hotels (Booking.com)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
FAS RUSSIA ISSUES SECOND WARNING TO BOOKING.COM* This includes the abolition of parity in all channels of sales of hotel services On September 18, 2020, the FAS Russia issued Booking.com B.V. LLC (hereinafter referred to as Booking.com) a second warning on termination of actions containing (...)

The Serbian Competition Authority investigates the existence of resale price maintenance practices by an importer and distributor of coffee machines (SF1 Coffee)
Serbian Commission for Protection of Competition (Belgrade)
Serbie 3 contributions 310 visites
Commission Institutes Another Proceedings on the Consumer Electronics Market* The Commission for Protection of Competition instituted antitrust proceedings ex officio and carried out a dawn raid at business premises of company SF1 Coffee d.o.o., a Nespresso importer and distributor, to (...)

The Albanian Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority (Tirana)
Albania 4 contributions 366 visits
Republic of Albania Competition Authority* The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided: To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position (...)

The Polish Competition Authority initiates an investigation into the relations between broadcasters and operators of cable TV and digital platforms following complaints on the methods of selling TV shows by broadcasters
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
President of UOKiK will check practices of TV broadcasters* Does the sale of TV packages to operators, including cable networks, by broadcasters hinder competition? Do the broadcasters leverage their market position in the advertising market? This will be the subject of explanatory proceedings (...)

The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81020 visits
,
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turquie 20 contributions 4465 visites
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 9 contributions 3005 visites
The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

The Indian Competition Authority dismisses allegations of abuse of dominance and exclusive arrangements against a Big Tech company in the menswear fashion retail market (Lifestyle Equities / Amazon)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41972 visites
CCI dismisses allegations of abuse of dominance and exclusive arrangements against Amazon in the menswear fashion retail market* By way of order dated 11.09.2020, the Competition Commission of India (“Commission/CCI”) has dismissed allegations of: (i) abuse of dominance and (ii) concluding (...)

The Indian Competition Authority dismisses abuse of dominance allegations against a Big Tech company for entering into exclusive agreements due to the company not being dominant in the market for online fashion retailing (Lifestyle Equities / Amazon)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8380 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
…
KEY POINTS Anti-competitive agreements and abuse of dominance issues against e-commerce platforms ought to be analyzed individually in respect of each product on a case-by-case basis. In the absence of dominance, issues of sale of counterfeit products on an e-commerce platform do not raise (...)

The Indian Competition Authority dismisses allegations of abuse of dominance and exclusive arrangements against an e-commerce company in the market for fashion merchandise (Lifestyle Equities / Amazon)
National University of Study and Research in Law (Ranchi)
1 contribution 210 visites
In an order dated 11.09.2020, the Competition Commission of India (hereinafter ‘CCI’ or ‘the Commission’) dismissed the allegations of abuse of dominance and, entering into anti- competitive agreements against Amazon and the other opposite parties. The Indian Antitrust watchdog observed that (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
Japan 132 contributions 23846 visits
Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on (...)

The Regional Court of Munich rules in favour of an electronics manufacturer in a standard essential patent proceeding (Sharp / Daimler)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

The EU Court of Justice AG Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom) (Deutsche Telekom)
Latham & Watkins (Brussels)
Belgique 12 contributions 4632 visites
,
University of Liège
Belgique 2 contributions 468 visites
Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), (...)

The French Competition Authority fines three laboratories for abusive practices (Novartis ; Roche ; Genentech)
French Competition Authority (Paris)
France 741 contributions 394291 visits
Treatment for AMD: the Autorité fines 3 laboratories for abusive practices* The Autorité de la concurrence has imposed fines worth a total of €444 million on three pharmaceutical companies, Novartis, Roche and Genentech, for abusive practices designed to sustain the sales of Lucentis for AMD (...)

The Polish Competition Authority investigates retrospective discounts in the food retail sector (Biedronka)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
President of UOKiK investigates retrospective discounts* President of UOKiK Tomasz Chróstny has initiated explanatory proceedings to check whether the retail chains are not leveraging their contractual advantage over small and medium-sized enterprises supplying products to their stores (...)

The EU Court of Justice AG Saugmandsgaard Øe advises dismissing the parties’ challenges to the Commission’s finding of abuse of dominance on the Slovak broadband services market (Slovak Telekom) (Deutsche Telekom)
Van Bael & Bellis (Brussels)
Belgique 19 contributions 7619 visites
On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s (...)

The French Competition Authority fines 3 laboratories for abusive efforts to segment the market (Novartis ; Roche ; Genentech)
Van Bael & Bellis (Brussels)
Belgique 19 contributions 7619 visites
Background On 9 September 2020, the French Competition Authority (the “FCA”) imposed a fine of € 444 million on Genentech, Novartis and Roche for abusing their collective dominant position on the market for the commercialisation of drugs for the treatment of age-related macular degeneration (...)

The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis ; Roche ; Genentech)
Addleshaw Goddard (Paris)
France 39 contributions 44058 visites
The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a (...)

The EU Court of Justice AG Saugmandsgaardoe issues opinion suggesting that a firm without an indispensable infrastructure can nonetheless abuse a dominant position by way of margin squeeze (Slovak Telekom) (Deutsche Telekom)
European University Institute (Florence)
Italie 49 contributions 104854 visites
I share below a quick analysis of the Opinion of Advocate General ("AG") Saugmandsgaardoe in Deutsche Telekom and Slovak Telekom (DT & ST) v Commission (C-152 and 165/19 P). The legal issue at the heart of the case giving rise to the Opinion is the following: can a firm without an (...)

The French Competition Authority imposes fines totalling €444 million on three laboratories for abuse of collective dominance in the market for the treatment of age-related macular degeneration (Novartis ; Roche ; Genentech)
White & Case (Brussels)
Belgique 17 contributions 7114 visites
,
White & Case (Brussels)
Belgique 4 contributions 1251 visites
,
White & Case (London)
Royaume-Uni 2 contributions 382 visites
On 9 September 2020, the French Competition Authority (FCA) imposed fines totalling €444 million on three laboratories (Novartis, Roche and Genentech) for having abused their collective dominant position in the market for the treatment of age-related macular degeneration (AMD). The facts that (...)

The Australian Competition Authority examines the experiences of consumers, developers, and suppliers regarding the mobile app market
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between (...)

The Italian Competition Authority launches six investigations against some of the main operators at the global level in cloud computing services (Google Drive / Apple iCloud / Dropbox)
Italian Competition Authority (Rome)
Italy 69 contributions 18281 visits
Antitrust: Investigations launched against Google, Apple and Dropbox for their cloud computing services* The proceedings relate to allegedly unfair commercial practices and the possible presence of unfair terms in the contractual conditions The Italian Competition Authority has launched (...)

The Indian Competition Authority dismisses an allegation of abuse of dominance resulting from the termination of a dealership agreement by a manufacturer of motorcycles and scooters (India Yamaha Motor)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8380 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
…
KEY POINTS An alleged illegal termination of a dealership agreement by a manufacturer who does not command a dominant position does not attract the abuse of dominant position provisions of the Competition Act. BRIEF FACTS Vijay Chaudhary (“Dealer”) was an authorised dealer of India (...)

The Polish Competition Authority opens preliminary investigations into the rebate practices of 19 retail chains
Bird & Bird (Warsaw)
Pologne 19 contributions 2964 visites
,
Bird & Bird (Warsaw)
Pologne 19 contributions 2964 visites
In early July, the Polish competition authority (UOKiK) has opened preliminary investigations into the rebate practices of 19 retail chains. In particular, the authority will focus on whether retrospective rebates are used to exploit retail chains’ contractual advantage towards small and (...)

The Polish Competition Authority announces it will check a national e-commerce platforms’ practices for cooperation practices with its sellers (Allegro)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
President of UOKiK will check practices of Allegro* What are the conditions of cooperation between Allegro and its users? President of UOKiK Tomasz Chróstny has instigated an investigation procedure concerning the practices of Allegro to check whether there might have been any violations of (...)

The Russian Competition Authority issues a warning to the national post to ensure equal conditions across all localities for provision of postal services (Russian Post)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
FAS demanded Russian post to ensure equal conditions for provision of postal services* The Federal Antimonopoly Service issued a warning to the Russian Post to stop collecting surcharges to tariffs for postal services in hard-to-reach localities Since October 1, 2019, the Russian Post has (...)

Mergers

 The Spanish Competition Authority clears, with remedies and monitoring, the acquisition of a white cement business (ÇIMSA / CEMEX)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

The UK Competition Authority accepts a full reversal of a motorcycle insurance merger (Ardonagh / Bennetts)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
Motorcycle insurance merger to be reversed following CMA concerns* The CMA has accepted a proposal from Ardonagh to fully unwind its recent £26 million purchase of Bennetts to resolve competition concerns. Ardonagh Group Limited (Ardonagh), which operates the Carole Nash and Swinton (...)

The EU Commission conditionally clears a merger in the payment services sector (Worldline / Ingenico)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9431 visits
On 30 September 2020, the European Commission (“Commission”) conditionally cleared Worldline’s acquisition of Ingenico, two French providers of payment and transaction services. The Commission raised concerns that the parties’ activities overlapped in the provision of point-of-sale (“POS”) (...)

The EU Commission approves merger in the payment services sector, subject to conditions (Worldline / Ingenico)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
Mergers: Commission approves Worldline’s acquisition of Ingenico, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Ingenico by Worldline, both active in the payment services sector. The approval is conditional on full (...)

The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46119 visits
,
Latham & Watkins (Brussels)
Belgique 24 contributions 3207 visites
,
Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22003 visites
…
According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in (...)

The Finnish Competition Authority proposes to prohibit a merger between two of the three national healthcare companies (Mehiläinen / Pihlajalinna)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12558 visits
The FCCA proposes the Market Court to prohibit the merger between Mehiläinen and Pihlajalinna* On 29 September 2020, Finnish Competition and Consumer Authority (FCCA) has proposed the Market Court to prohibit the merger between Mehiläinen and Pihlajalinna. According to the FCCA’s (...)

The Finnish Competition Authority proposes prohibition of a three-to-two merger in the healthcare sector (Mehiläinen / Pihlajalinna)
Hannes Snellman (Helsinki)
Finlande 23 contributions 3007 visites
On 29 September 2020, the Finnish Competition and Consumer Authority ("FCCA") proposed the Market Court to prohibit the merger between Mehiläinen Yhtiöt Oy and Pihlajalinna Oyj. Both companies operate in the healthcare market and provide services to individuals, companies, insurance companies (...)

The US FTC accepts abandonment of a proposed joint venture coal mining operations in the Southern Powder River Basin (Peabody Energy / Arch Coal)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
Statement of FTC Bureau of Competition Director Ian Conner on Peabody Energy Corporation and Arch Coal’s Abandonment of Their Proposed Joint Venture* Agency had alleged that merger would harm competition in the market for thermal coal mined in the Southern Powder River Basin Federal Trade (...)

The New Zealand Competition Authority receives a clearance application from a technical production company to acquire a broadcasting business (NEP Broadcast Services / Sky Network Television)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
NEP seeks clearance to acquire Sky’s outside broadcasting assets* The Commerce Commission has received a clearance application from NEP Broadcast Services New Zealand Limited to acquire from Sky Network Television Limited the assets of its outside broadcasting business, Outside Broadcasting (...)

The Maltese Competition Authority holds that the withdrawal of a supermarket operator from a previously cleared joint venture does not require a decision update as it further alleviates any competition concerns raised (Retail Marketing / Co-op Trading Company / Polrem / Valyou..)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malte 14 contributions 847 visites
Update on the decision of the Office for Competition of 5 June, 2020 on full-function joint venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., (...)

The Polish Competition Authority fines two companies in the gas market for failure to report concentration and for failure to provide information during a market study (AmeriGas / Linde Gaz)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
Concentration control - fines imposed by the President of UOKiK* Fines for concentration without the consent of the President of the Office and for failure to provide information during the proceedings - these are the latest decisions of the President of UOKiK Tomasz Chróstny regarding (...)

The UK Competition Authority clears the anticipated acquisition of a company in the healthcare sector (Bupa insurance / CS healthcare)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
On 24 September 2020, the CMA cleared the anticipated acquisition by Bupa Insurance Limited of Civil Service Healthcare Society Limited (CS Healthcare). The CMA had announced the launch of its merger inquiry by notice to the parties on 19 August 2020. CS Healthcare is a friendly society with (...)

The French Competition Authority clears, subject to the conditions of divesting agencies and fleets, the acquisition in the sector for the rental of refrigerated and non-refrigerated industrial goods vehicles (Fraikin / Via Location)
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité de la concurrence clears, subject to the conditions of divesting agencies and fleets, the acquisition of the group Via Location by the group Fraikin* On 3 June 2020, the group Fraikin notified the Autorité of a plan to acquire full control of the company Via Location. The (...)

The Finnish Market Court grants second extension for processing of financial services companies merger so the Competition Authority can finalize negotiations on conditions (Loomis / Automatia)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12558 visits
The time limit for processing the merger of Loomis and Automatia has been extended until 14.10.2020* The Market Court has extended the processing time limit for the merger between Loomis AB and Automatia Pankkiautomaatit Oy, currently under investigation by the Finnish Competition and (...)

The Portuguese Competition Authority issues a statement of objections against two real estate investment companies for failure to notify a merger (Fidelidade / Saudeinveste)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28734 visits
AdC issues statement of objection against Fidelidade - Sociedade Gestora de Organismos de Investimento Imobiliário, S.A. (Fidelidade SGOII) for failure to notify a merger* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) sent a statement of objections to Fidelidade (...)

The Hungarian Competition Authority imposes a fine for gun jumping on three venture capital funds (Hiventures / Talentuno Technologies)
ADVANT Beiten (Brussels)
Belgique 12 contributions 22026 visites
On 22 September 2020, the Hungarian Competition Authority (“GVH”) imposed fines totalling HUF 15.4m (approximately € 42,000) on three venture capital funds, two of which are controlled by the state-owned venture capital firm Hiventures Zrt, for failing to notify in a timely manner their (...)

The Romanian Competition Authority approves a transaction through which two banks become shareholders in a provider of integrated cash management services already owned by third competing bank, subject to conditions (BRD / Raiffeisen / CIT One / Banca Comercială Română)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27642 visits
The Competition Council Approved the Transaction Through Which BRD and Raiffeisen Enter CIT One Shareholders* The Competition Council approved the transaction through which BRD - Groupe Société Générale SA (BRD) and Raiffeisen Bank SA enter the shareholding of CIT One SRL, together with (...)

The Hellenic Competition Authority examines the extension of commitments to address competition concerns in the market of fresh cow milk (Delta / Mevgal)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Press Release - Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA"* Subject: Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA" so as to address competition concerns according to 650/2017 Decision of HCC in the market of fresh cow (...)

The German Competition Authority clears the acquisition of a hospital operator (Malteser / Helios)
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt clears acquisition of Malteser Rhein-Ruhr by Helios* Following intensive investigations in the one-month first phase of the merger control proceeding, the Bundeskartellamt has cleared the takeover by Helios Kliniken GmbH of Malteser Rhein-Ruhr gGmbH. The two hospital (...)

The US FTC and DoJ propose changes to two aspects of the HSR rules
Shearman & Sterling (Washington)
United States 23 contributions 12774 visits
,
Shearman & Sterling (New York)
États-Unis 22 contributions 8348 visites
,
Shearman & Sterling (Washington)
États-Unis 18 contributions 5028 visites
…
Overview The U.S. Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division (“DOJ” and collectively, the “Agencies”) recently proposed changes to two aspects of the Hart-Scott-Rodino Act (“HSR Act”).The proposed rules are subject to public comment and are unlikely to (...)

The US DoJ supports the FTC’s proposal of modernizing merger filing exemptions for certain investments
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Antitrust Division Supports Modernizing Merger Filing Exemptions For Certain Investments* The Time Has Come to Update the Merger Filing Rules On Monday, September 21, Assistant Attorney General Makan Delrahim concurred in the Federal Trade Commission’s (FTC) Federal Register publication of (...)

The French Competition Authority clears a joint takeover transaction in the audiovisual sector (Mediawan)
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité de la concurrence clears two transactions in the audiovisual sector* The Autorité de la concurrence cleared the joint takeover of Mediawan by companies of Messrs Capton, Pigasse and Niel and the exclusive control acquisition of Lagardère Studio by Mediawan. On 17 August 2020, (...)

The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 5 contributions 820 visites
,
Dechert (Washington)
États-Unis 15 contributions 2496 visites
,
Dechert (New York)
États-Unis 9 contributions 1358 visites
…
Key Takeaways Proposed HSR rule changes would require an acquiring fund to aggregate its holdings with those of its broader fund family. This will substantially increase the number of transactions subject to HSR reporting requirements, especially for asset managers and private equity funds. (...)

The US DoJ and FTC announce proposed changes to the HSR premerger notification rules and seek public comments
Covington & Burling (Washington)
États-Unis 15 contributions 2171 visites
The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (the “Agencies”) announced proposed changes to the premerger notification rules (“Rules”) promulgated under the Hart-Scott-Rodino (“HSR”) Act on September 21, 2020. Although the Agencies’ (...)

The US DoJ and FTC propose to alter their HSR rules to create a new exemption for minority acquisitions and increase filing obligations for certain entities
Covington & Burling (Washington)
États-Unis 15 contributions 2171 visites
,
Covington & Burling (Washington)
États-Unis 10 contributions 2328 visites
,
Covington & Burling (Washington)
États-Unis 25 contributions 3552 visites
…
Agencies Also Seek Public Comments that Could Lead to Additional Changes to the HSR Rules The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (the “Agencies”) announced proposed changes to the premerger notification rules (“Rules”) promulgated (...)

The US DoJ and FTC seek comments on proposed amendments to HSR rules
McDermott Will & Emery (Washington)
États-Unis 32 contributions 6543 visites
,
McDermott Will & Emery (Washington)
États-Unis 36 contributions 5927 visites
What Happened: The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (...)

The EU Commission approves the acquisition of a company active in the supply of daily consumer goods (Fortenova / Mercator)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
Mergers: Commission approves Fortenova’s acquisition of Mercator* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Mercator by Fortenova. The Commission concluded that the transaction would raise no competition concerns in the (...)

The US FTC proposes rules that will increase HSR filing requirements for investment funds and others
Hogan Lovells (Tysons Corner)
7 contributions 1455 visites
,
Amazon (Arlington)
États-Unis 1 contribution 148 visites
On 21 September 2020, the Federal Trade Commission (FTC) announced for comment sweeping changes to the Hart-Scott-Rodino (HSR) Act rules. First, the FTC proposed changing the definition of "person" to include HSR associates. This proposed change will result in certain acquisitions (especially (...)

The EU Commission opens an in-depth investigation into the acquisition of a company involved in hydraulic components (Eaton Hydraulics / Danfoss)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of Eaton Hydraulics by Danfoss* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Eaton’s hydraulics business (“Eaton Hydraulics”) by Danfoss under the EU Merger (...)

The US FTC and DoJ jointly release two proposed rules to change the HSR pre-merger filing requirements for acquiring parties
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 13 contributions 3246 visites
,
Fenwick & West (New York)
États-Unis 9 contributions 2041 visites
,
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 22 contributions 10240 visites
On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties. In an extension of a 2011 rule change that established the concept of (...)

The US FTC and DoJ seek comments on proposed amendments to HSR rules and advanced notice of proposed HSR rulemaking
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC and DOJ Seek Comments on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, will publish in the Federal Register a Notice of Proposed Rulemaking (...)

The US FTC and DoJ announce proposed changes to the regulations governing when a filing must be made under the HSR Act
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 1 contribution 49 visites
On September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced proposed changes to the regulations governing when a filing must be made under the Hart-Scott-Rodino (HSR) Act that would likely significantly expand the filing requirements and increase the HSR (...)

The US FTC issues a notice of proposed rulemaking to amend the premerger notification rules that implement the Hart-Scott-Rodino Antitrust Improvements Act
Sheppard Mullin (Los Angeles)
États-Unis 12 contributions 2093 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1961 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1800 visites
Tell Me More – Antitrust Agencies to Demand More Information from Investment Funds* The Federal Trade Commission (“FTC”) recently issued a notice of proposed rulemaking to amend the premerger notification rules (the “Rules”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of (...)

The French Competition Authority clears, subject to conditions, the acquisition of a public development bank (Caisse des Dépôts et Consignations / Société de Financement Local)
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité clears, subject to conditions, the acquisition of Société de Financement Local by Caisse des Dépôts et Consignations* On 24 July 2020, the Caisse des Dépôts et Consignations (CDC) notified the Autorité de la Concurrence of its plans to acquire Société de Financement Local (...)

The Indian Competition Authority clears a merger between silk and polyester manufacturers (Garden Silk Mills / MCPI Polyester)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8380 visites
…
MCPI Pvt. Ltd. (“MCPI”) is part of The Chatterjee Group (“CG”) and is engaged in the business of manufacturing and supply of Purified Terephthalic Acid (“PTA”). MCPI has a wholly owned subsidiary, MCPI Polyester Pvt. Ltd. (“MCPI Polyester”), a newly incorporated entity which currently does not (...)

The Indian Competition Authority clears a merger between a global chemical company and a fragrance producer (International Flavors & Fragrance / DuPont)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
,
Samvad Partners (Mumbai)
76 contributions 7125 visites
…
International Flavors & Fragrances Inc. (“IFF”) is a public company, listed on the New York Stock Exchange, the Tel Aviv Stock Exchange, the Euronext Paris, and is based in New York City, United States of America. IFF is active worldwide in the development, creation, and sale of flavours (...)

The US DoJ requires divestiture in the acquisition of a craft brew alliance (Anheuser-Busch InBev / Craft Brew Alliance)
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Justice Department Requires Divestiture In Order For Anheuser-Busch To Acquire Craft Brew Alliance* Divestiture Will Preserve Competition in the Beer Industry in the State of Hawaii The Department of Justice announced today that it is requiring Anheuser-Busch InBev SA/NV (ABI), its (...)

The EFTA Surveillance Authority renews decision requiring disclosure of net short positions of 0.1% and above during the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgique 137 contributions 27934 visites
ESA renews decision requiring disclosure of net short positions of 0.1% and above* The EFTA Surveillance Authority (ESA) has renewed its decision to temporarily require holders of net short positions in shares traded on a regulated market of the EEA EFTA States to notify the relevant (...)

The Serbian Competition Authority opens an investigation into a chain of pharmacies for gun jumping (Apoteke Janković / Zrenjanin)
BDK Advokati (Belgrade)
Serbie 2 contributions 102 visites
The Serbian Commission for Protection of Competition launched its fourth investigation in September 2020. The latest one will look into whether Zdravstvena ustanova Apoteka Janković, a privately owned chain of pharmacies (“ZUA Janković“), breached merger control rules by not notifying the (...)

The US FTC announces a revamped merger retrospective program
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC’s Bureau of Economics to Expand Merger Retrospective Program* The Federal Trade Commission’s Bureau of Economics has announced a revamped Merger Retrospective Program, which will expand and formalize the Bureau’s retrospective research efforts that have already produced studies analyzing (...)

The UK Competition Authority finds that a motorcycle insurance broker merger raises competition concerns (Ardonagh / Bennetts)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
Motorcycle insurance broker merger raises competition concerns* The CMA has found that Ardonagh’s completed purchase of Bennetts could lead to higher prices, less choice and worse services for motorcyclists in the UK. Ardonagh Group Limited (Ardonagh), which operates the Carole Nash and (...)

The New Zealand Competition Authority clears merger on egg production operations (Heyden / Henergy / Rasmusens)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commission clears proposed Heyden/Henergy/Rasmusens egg merger* The Commerce Commission has granted clearance to Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited to merge their respective egg production operations. Mobile operators should improve consumer (...)

The French Competition Authority welcomes the announcement of the EU Commission regarding the referral of sensitive mergers to the Commission, including when they are not subject to national merger control
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité welcomes the announcement by the European Commission, which will henceforth allow national competition authorities to refer sensitive merger transactions to it for examination, including when they are not subject to national merger control* This new approach, which was announced (...)

The Italian Competition Authority fines three companies active in the energy sector for gun jumping (Acea / Mediterranea Energia / Alma)
Ashurst (Brussels)
Belgique 45 contributions 45861 visites
,
Ashurst (Brussels)
Belgique 12 contributions 6326 visites
,
Ashurst (Milan)
Italie 102 contributions 29509 visites
On 15 September 2020 the Italian Competition Authority ("AGCM") fined three companies active in the production and distribution of energy for failure to notify a concentration before its closing, rejecting the parties’ claim that the concentration was interdependent on a second transaction (...)

The Italian Competition Authority fines three energy companies for late merger notification (Acea / Mediterranea Energia / Alma)
Municipality of Cagliari
166 contributions 132903 visits
In Pescara Distribuzione Gas the Italian Competition Authority (ICA) has found Acea, Mediterranea Energia (ME) and Alma CIS (Alma) guilty of gun-jumping for late merger control notification. They violated Article 16(1) of the Law no. 287/1990 whereby mergers exceeding the statutory (...)

The Italian Competition Authority imposes a fine for gun jumping on gas distributors (Acea / Mediterranea Energia / Alma)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5191 visits
On 15 September 2020, the Italian Competition Authority (“ICA”) imposed a € 153,000 fine on three companies, Acea, Mediterranea Energia and Alma C.I.S., for failing to notify a transaction before closing. The three acquiring companies had purchased one target, Pescara Distribuzione Gas, in (...)

The UK Competition Authority decides that the leading global supplier of window blinds must sell the majority of shares in acquired competitor (Hunter Douglas / 247 Home Furnishings)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
Final decision published in window blind merger inquiry* The CMA has decided that Hunter Douglas, owner of online blinds retailer Blinds2Go, must sell the majority of its shares in 247 to protect competition and prevent higher prices. Hunter Douglas originally purchased a minority stake in (...)

The UK Competition Authority orders window covering company to sell the majority of its shares (Hunter Douglas / 247 Home Furnishings)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
On 14 September 2020, the CMA issued its final decision ordering Hunter Douglas, owner of online blinds retailer Blinds2Go, to sell the majority of its shares in 247 Home Furnishings Ltd (247) to protect competition and prevent higher prices. In 2013, Hunter Douglas acquired an extensive (...)

The US FTC submits a comment to the Texas Health and Human Services Commission that opposes issuing certificates of public advantage to prevent a merger of two health systems (Hendrick Health System / Shannon Health System)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Staff Submits Public Comment in Texas Opposing Certificate of Public Advantage Applications* The Federal Trade Commission staff submitted a comment to the Texas Health and Human Services Commission that opposes issuing certificates of public advantage (COPAs) to Hendrick Health System (...)

The Czech Supreme Administrative Court overturns a lower court’s decision to reduce a gun jumping fine to a disproportionate level (Armex Oil)
Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
,
Dentons (Prague)
République tchèque 14 contributions 3241 visites
Supreme Administrative Court decides on clearly disproportionate fines for unauthorized acquisition. In 2013, the company ARMEX Oil acquired an ownership interest in the company TRANSCARGO without notifying the Competition Protection Office ("Office") and awaiting its approval. Two years (...)

The UK Competition Authority blocks window covering company’s completed acquisition of a competitor (Hunter Douglas / 247 Home Furnishings)
Government Legal Department (London)
United Kingdom 18 contributions 2458 visits
On 14 September 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the blinds supplier Hunter Doug- las to sell off its majority stake in 247 Home Furnishings, which also sells blinds. The CMA found that the deal, which had already been completed, would substantially lessen (...)

The Spanish Competition Authority investigates unauthorized merger operations and antitrust practices in the funeral insurance and funeral services sectors
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC investigates the possible execution of unauthorised mergers, as well as potential antitrust practices involving the funeral insurance and funeral services markets.* From 8 to 10 September, dawn raids were carried out at the headquarters of various companies active in the aboved (...)

The UK Competition Authority confirms its intention to cancel an investigation into a merger of online advertising agencies following the abandonment of the deal (Taboola / Outbrain)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95257 visits
Digital advertising merger to be abandoned during CMA investigation* Taboola has announced that it is to abandon its proposed purchase of Outbrain. The Competition and Markets Authority (CMA) has therefore today confirmed it intends to cancel its investigation into the potential (...)

The Czech Supreme Administrative Court rejects the moderation of a fine imposed for gun jumping in the energy sector (Armex Oil)
Skils (Prague)
Czech Republic 34 contributions 25968 visits
On 14 September 2020, the Supreme Administrative Court (SAC) granted a cassation appeal lodged by the Czech Office for Protection of Competition (Office) against the previous judgment of the Regional Court in Brno of 5 June 2019 (Ref.No. 29 Af 96/2016) relating to the proceedings conducted by (...)

The EU Commissioner Margrethe Vestager provides a glimpse into the future of EU merger control
White & Case (Düsseldorf)
Allemagne 36 contributions 14326 visites
,
White & Case (Düsseldorf)
Allemagne 4 contributions 904 visites
,
Schibsted (Oslo)
26 contributions 16878 visites
…
A recent speech by the European Commission’s (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a better life for everyone", "saved customers billions of euros each (...)

The EU Commission intends to change its approach towards referrals to the EU from national competition authorities for merger control
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3586 visites
,
Linklaters (London)
Royaume-Uni 34 contributions 3093 visites
,
Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2422 visites
On 11 September 2020, Competition Commissioner Margrethe Vestager announced during the International Bar Association’s 24th Annual Competition Conference, that the Commission intends to change its approach towards referrals to the EU from national competition authorities. Commissioner Vestager (...)

The EU Commissioner for Competition Vestager announces broader use of EUMR Article 22 to catch potential "killer acquisitions" and simplified filing procedure for most other mergers
Schibsted (Oslo)
26 contributions 16878 visites
,
White & Case (Düsseldorf)
Allemagne 36 contributions 14326 visites
,
White & Case (Düsseldorf)
Allemagne 4 contributions 904 visites
…
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent speech by the European Commission’s (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of (...)

The Romanian Competition Authority assesses the taking over of glass packing solutions provider by glass packing manufacturer for the food and beverage industry (Vetropack Austria Holding / Glass Container)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27642 visits
The Competition Council Assesses the Taking Over of Glass Container by Vetropack Austria Holding AG* The Competition Council assesses the transaction by which Vetropack Austria Holding AG intends to take over Glass Container Company S.A. and Glass Container Prim S.A., located in Republic of (...)

The EU Commission announces the broadening of the Member State referral system concerning mergers
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 5 contributions 2191 visites
,
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 4 contributions 917 visites
,
Freshfields Bruckhaus Deringer (Brussels)
Belgique 1 contribution 131 visites
The European Commission (EC) has recently announced a change in policy to its referral system to bolster the circumstances in which it will accept referral requests from Member States under Article 22 of the EU Merger Regulation (EUMR). In particular, the EC is encouraging national competition (...)

The EU Commissioner Margrethe Vestager announces new approach to merger review referrals falling below thresholds
De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 548 visites
,
Milbank (London)
Royaume-Uni 21 contributions 12186 visites
Under current EU merger control rules, whether a concentration has to be notified to the European Commission (“Commission”) depends, among other things, on the level of revenue generated by the parties worldwide and in the European Union. A key question that has sparked considerable debate in (...)

The EU Commission announces new policy to accept Member State referrals for merger review even if EC and national thresholds are not met
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37715 visits
,
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 40 contributions 39282 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
États-Unis 10 contributions 8439 visites
…
In September 2020, Competition Commissioner Margrethe Vestager announced that from mid-2021 the European Commission (“EC”) would “start accepting referrals from national competition authorities of mergers that are worth reviewing at the EU level – whether or not those authorities had the power (...)

The US FTC approves final order requiring animal health product suppliers to divest assets in three product markets as a condition of acquisition (Elanco Animal Health / Bayer Animal Health)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Approves Final Order Requiring Animal Health Product Suppliers Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets as a Condition of Acquisition* Following a public comment period, the Federal Trade Commission has approved a final order (...)

The French Competition Authority clears the acquisition of a private security group (Prosegur / Fiducial)
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité de la concurrence clears the acquisition of Prosegur by Fiducial* On 6 August 2020, the Fiducial group notified the Autorité de la concurrence of its plan to acquire sole control of the companies Prosegur Services France and Prosegur Security Holding France. Parties to the (...)

The Australian Competition Authority is not opposed to a pharmaceutical merger after offered divestments overcome competition concerns (Mylan / Upjohn)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82267 visits
Divestments overcome strong competition concerns with pharmaceutical merger* The ACCC will not oppose Mylan NV’s proposed merger with Pfizer’s Upjohn Inc division, after Mylan and Upjohn offered a court-enforceable undertaking to divest three off-patent branded pharmaceuticals in response to (...)

The New Zealand Competition Authority clears a pharmaceutical merger subject to a divestment (Mylan / Upjohn)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commission grants clearance for Mylan and Upjohn to merge subject to a divestment* The Commerce Commission has granted clearance for Mylan N.V. and Upjohn Inc. (a wholly owned subsidiary of Pfizer Inc) to merge their global pharmaceutical businesses. The clearance is subject to a divestment (...)

The Australian Competition Authority accepts a proposed merger between two pharmaceutical companies despite concerns of a significant reduction in competition in the supply of the products (Mylan / Upjohn)
Ashurst (Sydney)
États-Unis 17 contributions 2347 visites
On 10 September 2020, the Australian Competition and Consumer Commission ("ACCC") decided to not oppose Mylan NV’s ("Mylan") proposed merger with Pfizer’s Upjohn Inc division ("Upjohn"), despite concerns that competition in the supply of pharmaceutical products to treat cardiovascular (...)

The Russian Competition Authority reaches an agreement with the HSE Technology Transfer Center to further simplify the terms of technology transfer in the breeding sector after negotiating with a pharma company (Bayer)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
Bayer offered more favorable conditions for transfer of germplasm to russian breeders* Russian breeding companies that receive germplasm transferred by Bayer as part of the FAS Russia’s ruling based on the result of the Bayer&Monsanto transaction will be fully exempt from paying (...)

The UK Government prohibits acquisition of a national supplier of military aircraft components on national security grounds (Gardner Aerospace / Impcross)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37715 visits
,
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 40 contributions 39282 visites
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 11 contributions 2170 visites
…
On 5 September 2020, the UK Government accepted undertakings from Gardner Aerospace Holdings Limited not to proceed with its proposed acquisition of Impcross Limited, a UK-based manufacturer of components for the aerospace industry (including for military aircraft). Gardner is owned by (...)

The US FTC approves a final order imposing conditions on an acquisition between two big pharmaceutical companies (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Approves Final Order Imposing Conditions on AbbVie Inc.’s Acquisition of Allergan plc* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that AbbVie’s $63 billion acquisition of Allergan would violate federal antitrust law. (...)

The German Competition Authority clears the acquisition of a publishing house by a media company (J. Bauer / Ruhr Nachrichten Verlag)
German Competition Authority (Bonn)
Germany 447 contributions 113567 visits
Bundeskartellamt clears takeover of J. Bauer publishing house by Ruhr Nachrichten Verlag* The Bundeskartellamt has cleared plans by Ruhr Nachrichten Verlag & Co. KG (Lensing Media) to acquire all the shares in Verlag J. Bauer KG. Bauer publishes the newspaper Recklinghäuser Zeitung, (...)

The French Competition Authority clears the acquisition of a clinic (Doctegestio / UMG-GHM)
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité de la concurrence clears the acquisition, by the Doctegestio group of the UMG-GHM clinics in Grenoble.* On 17 August 2020, Doctegestio notified the Autorité de la concurrence of its plan to solely take over the UMG-GHM clinics located in the Isère département and in the (...)

The New Zealand Competition Authority publishes a statement of preliminary 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 171 contributions 23600 visits
Statement of Preliminary Issues released for Pact/Flight clearance application* The Commerce Commission has published a statement of preliminary issues relating to an application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New (...)

The US DoJ releases merger remedies manual
Sheppard Mullin (Los Angeles)
États-Unis 12 contributions 2093 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1800 visites
,
Sheppard Mullin (Washington)
États-Unis 12 contributions 1961 visites
DOJ Antitrust Division Releases New Merger Remedies Manual* On September 3, 2020, the DOJ’s Antitrust Division released its Merger Remedies Manual. The manual provides important guidance on what DOJ considers to be adequate solutions to addressing competitive issues in M&A deals (...)

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
Belgique 45 contributions 45861 visites
,
Ashurst (Milan)
Italie 102 contributions 29509 visites
,
Ashurst (Brussels)
Belgique 12 contributions 6326 visites
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102294 visites
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The US DoJ issues modernized merger remedies manual
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Justice Department Issues Modernized Merger Remedies Manual* Merger Remedies Manual Reaffirms Antitrust Division’s Commitment to Effective Structural Relief and Reflects Renewed Focus on Enforcing Consent Decree Obligations The Department of Justice issued today the Merger Remedies Manual, (...)

The US DoJ issues its merger remedies manual which provides that the framework the DoJ will utilise in implementing relief in mergers reviewed by its attorneys and economists
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 30 contributions 9454 visites
,
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 9 contributions 2360 visites
On September 3, 2020, the Department of Justice’s Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its (...)

The US DoJ issues a revised policy guide to merger remedies
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 9 contributions 3251 visites
,
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 12 contributions 23402 visites
On September 3, 2020, the Antitrust Division of the DOJ issued a revised Policy Guide to Merger Remedies, following shortly after it announced a reorganization of its civil enforcement to create an Office of Decree Enforcement and Compliance. The Policy Guide to Merger Remedies largely (...)

The New Zealand Competition Authority clears merger of two IP professional service businesses (AJ Park / Baldwins)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commission clears AJ Park’s acquisition of Baldwins* The Commerce Commission has granted clearance for AJ Park IP Limited, in conjunction with AJ Park Law Limited (together, AJ Park), to acquire the assets of Baldwins Intellectual Property, Baldwin Holdings Limited, Baldwins Intellectual (...)

The US DoJ releases merger remedies manual
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 8467 visites
,
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5585 visites
On Sept. 3, the Antitrust Division of the Department of Justice (DOJ) released the Merger Remedies Manual (the manual), which provides guidance on how the agency currently intends to approach the structure and implementation of remedies in merger cases. See Antitrust Div., U. S. Department of (...)

The EU Court of Justice rules that certain anti-concentration limits set forth by the Italian legislation for the protection of media pluralism are incompatible with the competition law (Vivendi / Mediaset)
Portolano Cavallo (Milan)
Italy 63 contributions 9799 visits
Summary: The CJEU has established that the market concentration thresholds set forth by Article 43(11) of Legislative Decree No. 177/05, and based on the overall revenues of the so called “Integrated System of Communications,” are inadequate to detect or prevent the risk for pluralism and thus (...)

The US DoJ seeks public comments on updating bank merger review analysis
US Department of Justice (Washington)
United States 176 contributions 74200 visits
Antitrust Division Seeks Public Comments On Updating Bank Merger Review Analysis* The Department of Justice’s Antitrust Division announced today that it is seeking public comments into whether the division should revise the 1995 Bank Merger Competitive Review guidelines (“Banking (...)

State Aid

 The EU General Court rules that the Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme and that the unlawful State aid granted under that system must be recovered from the beneficiaries (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29521 visits
The Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme* The unlawful State aid granted under that system must be recovered from the beneficiaries In 2006, the European Commission received a number of complaints concerning the (...)

The EU General Court finds a Spanish ship finance scheme to be illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3586 visites
,
Linklaters (London)
Royaume-Uni 34 contributions 3093 visites
,
Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2422 visites
By its renvoi judgement of 23 September 2020, the General Court upheld the 2013 European Commission decision which found that the Spanish tax lease scheme (“the STL system”) allowing shipping companies to benefit from rebates of up to 30% on the price of vessels built by Spanish shipyards (...)

The EU General Court dismisses the actions for annulment in the "Spanish tax lease saga" (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
,
Hogan Lovells (Brussels)
Belgique 37 contributions 6289 visites
On 23 September 2020, the General Court delivered another judgment in the “Spanish tax lease saga”, concerning certain aid measures granted through tax provisions applicable to agreements put in place for the financing and acquisition of vessels in Spain. This judgment follows the annulment (...)

The Spanish Supreme Court confirms that the rate of default interest for state aid recovery is that provided for in the European rules and not the interest rates stated in the tax laws for the repayment of undue revenue (Zayer)
Judicial Ethics Commission (Madrid)
39 contributions 2135 visites
The Spanish Supreme Court confirms the judgment of the Basque Country High Court of Justice which had held that the default interest to be paid by Zayer in order to restore his legal position prior to the recovery ordered by the decision annulled by judgment should be paid — and have been paid (...)

The EU Court of Justice confirms the Commission’s approval of State aid for a nuclear energy plant (Hinkley Point C)
German Ministry of Finance (Berlin)
2 contributions 516 visites
Hinkley Point C: ECJ Confirms Commission’s Approval of Aid to Nuclear Energy Plant* Months before the prospective final Brexit, the ECJ laid what is in all likelihood the last State aid milestone on the UK’s path out of the European Union – at the same time, the ECJ’s judgment in the (...)

The EU Court of Justice confirms that the nuclear energy sector is subject to State aid rules (Hinkley Point C)
Latham & Watkins (Brussels)
Belgique 12 contributions 4632 visites
,
Latham & Watkins (Brussels)
Belgique 1 contribution 190 visites
On 22 September 2020, the Grand Chamber of the Court of Justice (‘Court’) dismissed Austria’s appeal against the General Court’s Judgment endorsing Commission Decision (EU) 2015/658 (‘the Judgment’). The Judgment was the first opportunity for the Court to rule whether the nuclear energy sector (...)

The EU Commission allows Member States to grant more State aid to boost green projects
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3586 visites
,
Linklaters (London)
Royaume-Uni 34 contributions 3093 visites
,
Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2422 visites
On 22 September 2020, EU Competition Commissioner Margrethe Vestager said that EU governments may be allowed to grant more State aid to projects that help the bloc achieve its climate goals, calling such an incentive a “green bonus”. In contrast, polluting factories or power plants may be (...)

The EU Court of Justice clarifies the scope of State aid rules in the nuclear energy sector covered by the Euratom Treaty, as well as their relationship with the general principles of environmental law (Hinkley Point C)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
,
Hogan Lovells (Brussels)
Belgique 37 contributions 6289 visites
On 22 September 2020, the Grand Chamber of the Court of Justice (the “Court”) dismissed the appeal brought by Austria against the judgment of the General Court (case T-356/15) that rejected its application for annulment against Commission Decision (EU) 2015/658 of 8 October 2014 on the aid (...)

The EU Court of Justice confirms the Commission’s decision approving UK aid for a nuclear power station (Hinkley Point C)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102292 visits
The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station* By decision of 8 October 2014, the European Commission approved aid which the United Kingdom is planning for Hinkley Point C nuclear power station, located in (...)

The EU Commission opens an in-depth State aid investigation into a Belgian capacity mechanism
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
,
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11068 visits
On 16 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on Belgium’s proposed Capacity Mechanism (the CM). The Notice was published as part of an in-depth State aid investigation launched by the Commission on 21 (...)

The EU Commission opens a consultation on the revised "Emission Trading Schemes State aid" Guidelines
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3586 visites
,
Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2422 visites
,
Linklaters (London)
Royaume-Uni 34 contributions 3093 visites
On 21 September 2020, the European Commission adopted revised EU Emission Trading System (ETS) State aid Guidelines in the context of the system for greenhouse gas emission allowance trading post-2021, which will enter into force from 1 January 2021. The revised Guidelines went through a (...)

The EU Commission opens an in-depth investigation to assess whether a Belgian capacity mechanism to safeguard the security of electricity supply is in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
State aid: Commission opens in-depth investigation into Belgian capacity mechanism* The European Commission has opened an in-depth investigation to assess whether a Belgian capacity mechanism to safeguard security of electricity supply is in line with EU State aid rules. Executive (...)

The EU Commission adopts guidelines on State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
,
Hogan Lovells (Brussels)
Belgique 37 contributions 6289 visites
On 21 September 2020, the Commission published new Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (the “Guidelines”). These Guidelines follow the European Green Deal Communication adopted in 2019 (11.12.2019, (...)

The EU Commission opens in-depth investigation into allocation of mobile radio frequencies by Poland to telecoms operator (Sferia)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
State aid: Commission opens in-depth investigation into allocation of mobile radio frequencies by Poland to telecoms operator Sferia* The European Commission has opened an in-depth investigation to assess whether the allocation by the Polish authorities of a frequency block for the provision (...)

The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102292 visits
Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid* The Commission erred in law in considering that the (...)

The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
,
Hogan Lovells (Brussels)
Belgique 37 contributions 6289 visites
On 17 September 2020, the Court of Justice (the “ECJ” or “Court”) answered several questions raised by a request for a preliminary ruling from the French Conseil d’État, with regard to the interpretation of Commission Decision 2005/239/EC (the “Decision at issue”). This Decision concerned (...)

The EU Commission approves a €44 million Italian recapitalization scheme to support large companies affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
State aid: Commission approves €44 billion Italian recapitalisation scheme to support large companies affected by coronavirus outbreak* The European Commission has approved an Italian scheme, with an overall budget of €44 billion, to support large enterprises affected by the coronavirus (...)

The EU Commission invites comments on State aid rules for the deployment of broadband networks
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
State aid: Commission invites comments on State aid rules for the deployment of broadband networks* The European Commission has launched a public consultation inviting Member States and other stakeholders to provide their views and comments on the existing EU State aid rules on public (...)

The EU Commission approves €199.45 million Italian support to compensate a national airline for damages suffered due to the COVID-19 pandemic (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813906 visits
State aid: Commission approves €199.45 million Italian support to compensate Alitalia for damages suffered due to coronavirus outbreak* The European Commission has found Italian €199.45 million support in favour of Alitalia to be in line with EU State aid rules. The measure aims at (...)

The Montenegrin Competition Authority opens investigations into the compatibility with State aid rules of aid granted to an airline company in the view of the COVID-19 pandemic (Lex MA)
BDK (Podgorica)
Monténégro 17 contributions 1409 visites
The Montenegrin Agency for Protection of Competition (“Agency“) issued on 3 September 2020 a decision to open a formal investigation procedure into the compatibility with state aid rules of the state aid granted by virtue of the 2019 Law on Investment into Consolidation and Development of the (...)

Procedures

 The UK Competition Authority lowers discount in fines for resale price maintenance leniency applicants
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
On 24 September 2020, the UK’s Competition and Markets Authority (“CMA”) modified its leniency guidelines so that companies that apply for leniency after the opening of a retail price maintenance (“RPM”) investigation should only expect to receive a maximum 50% discount in fines. Previously, (...)

The German Federal Court of Justice rules on the passing-on defense in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
In a recently published judgment of 23 September 2020, the German Federal Court of Justice (“FCJ”) ruled once again on the private damages claims of a public transport company following on from the Federal Cartel Office’s rail track cartel decision (see VBB on Competition Law, Volume 2012, No. (...)

The Russian Competition Authority advocates for prohibiting banks from collective insurance of their borrowers
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
The FAS Russia advocates prohibiting collective insurance of borrowers for banks* In this way, the FAS plans to protect the interests of borrowers and competition in banking insurance market Marina Pishchulina, Deputy Head of the Department for Control over Financial Markets of the FAS (...)

The UK Government announces the withdrawal of the draft guidance on the Competition Authority’s powers and procedures on the EU foreign direct investment information sharing regime
Morgan Lewis (London)
United States 13 contributions 5630 visits
,
Morgan Lewis (London)
United Kingdom 26 contributions 9847 visits
,
Morgan Lewis (London)
Royaume-Uni 8 contributions 1614 visites
The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct investment (FDI) into the European Union. The withdrawal follows a (...)

The EU Court of Justice holds that the Spanish Competition Authority cannot be characterized as a "court or tribunal" (Anesco)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
On 16 September 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment in which it ruled on the status of “court or tribunal” within the meaning of Article 267 Treaty on the Functioning of the European Union of a body which has submitted a reference for a preliminary (...)

The EU Court of Justice holds the preliminary ruling of the Spanish Competition Authority inadmissible due to the fact that the Competition Authority is not a ‘court or tribunal’ for the purpose of Article 267 TFEU (Anesco)
University of Vienna
Autriche 5 contributions 957 visites
National Competition Authorities and Article 267 TFEU: the ECJ’s take on the referral by the Spanish Commission on Markets and Competition and its implications* Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on (...)

The English High Court confirms that legal advice privilege applies to foreign in-house lawyers (PJSC Tatneft / Bogolyubov)
Covington & Burling (London)
United Kingdom 6 contributions 1393 visits
,
Covington & Burling (London)
Royaume-Uni 3 contributions 558 visites
,
Covington & Burling (London)
Royaume-Uni 4 contributions 470 visites
…
In this alert, we review a welcome English High Court decision, which confirms that legal advice privilege extends to communications with foreign lawyers who provide legal advice in their capacity as in-house counsel. The decision of Mrs Justice Moulder in PJSC Tatneft v Bogolyubov and (...)

The UK Competition Authority updates competition law risk guide for managers
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA updates competition law risk guide for managers* An updated guide to competition rules has been issued to help managers, directors and their advisers to stay on the right side of the law. The latest guide from the Competition and Markets Authority (CMA), together with the Institute of (...)

The US DoJ updates its business review letter to the Institute of Electrical and Electronics Engineers concerning their patent policy
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Justice Department Updates 2015 Business Review Letter To The Institute Of Electrical And Electronics Engineers* The Justice Department today issued a supplement to its Feb. 2, 2015 Business Review Letter from the Antitrust Division to the Institute of Electrical and Electronics Engineers, (...)

The US DoJ announces updates to civil investigation demand forms and deposition process
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Antitrust Division Announces Updates To Civil Investigative Demand Forms And Deposition Process* Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division announced today that the Antitrust Division has implemented two uniform updates to its Civil Investigative (...)

The US DoJ announces updates to civil investigative demand forms and deposition process
Dechert (Philadelphia)
États-Unis 3 contributions 711 visites
,
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 5 contributions 820 visites
,
Dechert (Philadelphia)
États-Unis 6 contributions 1604 visites
…
The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying it intent to potentially use materials received in response to CIDs to launch secondary investigations or refer matters to other government enforcement authorities (...)

The EU Court of Justice AG Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof / Booking.com)
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visites
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
On 10 September 2020, Advocate General Saugmandsgaard Øe rendered his non-binding opinion in the context of a preliminary reference request from the German Federal Court of Justice on the interpretation of Article 7(2) of Regulation 1215/2012 (“Brussels I Bis”). This Article provides that in (...)

The Russian Competition Authority clarifies the approach to review the assets of financial organizations
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55701 visits
The FAS Russia clarified approaches to review the assets of financial organizations* On the proposal of the FAS Russia, the Government of the Russian Federation decided that in order to exercise antimonopoly control in the field of economic concentration the assets of credit and microfinance (...)

The Estonian Competition Authority analyses the competition situation in the pharma sector in order to assess the medicine pricing regulation
Estonian Competition Authority (Tallinn)
Estonie 12 contributions 1491 visites
The price regulation of pharmaceuticals is illusory* The Competition Authority conducted an analysis of the competition situation in order to assess the functioning of the regulation that sets the limits for the prices of medicines. The Competition Authority considers that the current system (...)

Regulatory

 The New Zealand Competition Authority confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations for telecom network operators offering fibre and other wholesale services
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Commission confirms its approach to monitoring and enforcing non-discrimination and equivalence obligations* The Commerce Commission has today released guidance about how it will monitor and enforce obligations on telecommunication network operators to offer fibre and other wholesale (...)

The EFTA Surveillance Authority signs memorandum of understanding on its cooperation with the EU Agency for the Cooperation of Energy Regulators
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
ESA signs MoU with ACER* The EFTA Surveillance Authority (ESA) has concluded a Memorandum of Understanding (MoU) on its cooperation with the European Union Agency for the Cooperation of Energy Regulators (ACER). The adoption of the MoU is intended to put in place practical arrangements (...)

The EFTA Surveillance Authority prolongs its recommendation for quicker conformity assessments regarding personal protective equipment and proposes derogations from standard market-approval procedures for medical equipment during the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
ESA prolongs a recommendation to prevent delays and ease market access for protective equipment and medical gear* The EFTA Surveillance Authority (ESA) has today decided to amend and prolong its Recommendation on conformity assessment and market surveillance procedures , in order to continue (...)

The EU Commission launches proposals for a regime regulating crypto-assets and distributed ledger technology in the financial sector through a digital finance package
Shearman & Sterling (Brussels)
Belgium 21 contributions 10081 visits
,
NATO Communications and Information Agency (NCI) (Brussels)
Belgique 1 contribution 104 visites
,
Shearman & Sterling (London)
Royaume-Uni 1 contribution 104 visites
On September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key issues relevant to companies and stakeholders in digital finance are (...)

The EU Commission publishes the results of its consultation on foreign subsidies
Freshfields Bruckhaus Deringer (Berlin)
Allemagne 6 contributions 1416 visites
,
Freshfields Bruckhaus Deringer (Brussels)
Belgique 1 contribution 175 visites
,
Freshfields Bruckhaus Deringer (Brussels)
Belgique 4 contributions 430 visites
The European Commission (’the Commission’) has published the results of the public consultation on its June White Paper on foreign subsidies. The policy document announces a legislative proposal for the control of companies in the EU market that benefit from foreign subsidies. In total, (...)

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
France 741 contributions 394291 visits
The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the (...)

The Romanian Competition Authority announces a public consultation on the amendments to the FDI screening regime
University of Macau - Faculty of Law
Chine 284 contributions 224916 visites
National competition authorities and FDI screening: the case of Romania* EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was (...)

The New Zealand Competition Authority releases a paper on fibre price-quality and information disclosure regulation
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Proposed approach to fibre regulation released* The Commerce Commission has today released its first paper for fibre price-quality and information disclosure regulation. This paper sets out the proposed process and approach to regulating telecommunications companies that provide fibre access (...)

The US FTC comment to the Texas Attorney General raises concerns about the likely competitive effect of proposed regulations that impose additional supervisory requirements on Texas Certified Nurse Anesthetists (CRNA)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40097 visits
FTC Comment to Texas Attorney General Raises Concerns about Likely Competitive Effect of Proposed Regulations Imposing Additional Supervisory Requirements on Texas Certified Nurse Anesthetists* The Federal Trade Commission staff has submitted a comment to the Texas Attorney General (...)

The Dutch Competition Authority issues recommendations regarding the conditions under which network companies are allowed to install and manage heat networks if they also act as heat network operators
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
ACM does not see any major obstacles, but does see risks if network companies also act as heat network operators* At the request of the Dutch Ministry of Economic Affairs and Climate Policy (EZK), the Netherlands Authority for Consumers and Markets (ACM) has issued additional recommendations (...)

The UK Competition Authority drafts guidance on its powers and procedures regarding foreign direct investments
Dechert (Brussels)
Belgique 26 contributions 35544 visites
,
Dechert (Brussels)
Belgique 7 contributions 6320 visites
,
Dechert (Brussels)
Belgique 3 contributions 932 visites
…
Key takeaways FDI rules in the UK have recently been tightened in the context of the COVID-19 pandemic. The UK can now intervene in transactions on the grounds of public health emergencies. Also, lower jurisdictional thresholds apply to transactions relating to artificial intelligence, (...)

The UK Competition Authority consults on draft guidance concerning its powers and procedures in the relation to the post-Brexit foreign direct investments information request process
Morgan Lewis (London)
United States 13 contributions 5630 visits
,
Morgan Lewis (London)
United Kingdom 26 contributions 9847 visits
,
Morgan Lewis (London)
Royaume-Uni 8 contributions 1614 visites
As noted in our recent LawFlashes, New Powers for UK Government in Transactions Impacting Public Health Emergencies and National Security and Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers, governments are increasing their scrutiny of certain foreign direct (...)

The Australian Competition Authority grants authorisation to the first national voluntary battery stewardship scheme (Battery Stewardship Council)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Voluntary battery stewardship scheme granted authorisation* The Battery Stewardship Council (BSC) will be able to establish and operate a national scheme for managing expired batteries under an authorisation granted by the ACCC. BSC was formed in 2018 with the primary goal of establishing (...)

The Chinese MOFCOM adopts rules on handling complaints of foreign-invested enterprises
Ministry of Commerce of the People’s Republic of China
Chine 1 contribution 192 visites
The Ministry of Commerce revised and adopted the Rules on Handling Complaints of Foreign-Invested Enterprises* Recently, the Ministry of Commerce revised and adopted the Rules on Handling Complaints of Foreign-Invested Enterprises (hereinafter referred to as the Rules), which shall come into (...)