Interim measures

Foreword Interim Measures: An overview of EU and national case law

After a long period of absence on the European Union (“EU”) enforcement landscape, interim measures have raised an increased interest in competition law circles in recent years and are now commonly considered an important part of any enforcement agency toolkit. The European Commission (“Commission”) adopted its first interim measures in almost two decades in the 2019 Broadcom case and a number of jurisdictions in the EU and beyond have seen significant enforcement at the level of national competition authorities (“NCAs”) and courts. While interim measures have been part of the enforcement culture in certain jurisdictions for quite a few years, the timing for the resurgence of this instrument across the European continent is not coincidental. A more frequent use of interim measures has indeed accompanied the renewed emphasis on a prompt and effective enforcement of competition rules, which has become even more vital due to the increased importance of digital and other fast-moving markets. This foreword is intended to provide an overview of the main recent cases of interim measures at EU and Member State level.

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European Commission - DG COMP (Brussels)
Belgique 4 contributions 1997 visites

General antitrust

 The Australian Competition Authority grants an interim authorisation for the members of a banking association to collaborate on the development of industry standards to combat scams (Australian Banking Association)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Australian banks allowed to collaborate on development of industry standards to combat scams* The Australian Banking Association Ltd (ABA) and its member banks will be able to participate in discussions to develop an industry standard to prevent, detect, and disrupt scams affecting (...)

The Belgian Government sees the act transposing the ECN+ Directive and introducing several other amendments to competition law and the criminal code enter into force
Ashurst (Brussels)
Belgique 7 contributions 1234 visites
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing several other amendments to Belgian Competition law (ie, Book IV of the Code on Economic Law) and the Belgian Criminal Code entered into force. Key takeaways The ECN+ Directive aims to empower EU National (...)

The Belgian Parliament transposes the ECN+ Directive into the national legislation and introduces filing fees in concentration notifications
McDermott Will & Emery (Brussels)
Belgique 49 contributions 9427 visites
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Allen & Overy (Brussels)
Belgique 13 contributions 4722 visites
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Allen & Overy (Brussels)
Belgique 22 contributions 5164 visites
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Cambodian Parliament enacts its first law on competition
DFDL (Phnom Penh)
Cambodge 5 contributions 2904 visites
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DFDL (Phnom Penh)
Cambodge 1 contribution 212 visites
On 5 October 2021, the Law on Competition (No.NS/RKM/1021/013) (“Competition Law”) received royal assent on the basis that it should be promulgated urgently. This article will outline the regulatory regime created by the Competition Law, although many details are not yet clear pending (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26092 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31706 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58534 visits
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The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The UK Government consults on its ambitious reform of national competition policy, including on changes to allow the Government to play a more active role in shaping national competition policy and to increase the Competition Authority’s investigative and enforcement powers
Cleary Gottlieb Steen & Hamilton (London)
Belgique 32 contributions 37731 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8318 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 3 contributions 414 visites
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On 20 July 2021, the UK Government launched its consultation on wide-ranging reforms to “bring [the UK’s] competition and consumer policies into the 21st century” [1] (the “Consultation”). While recognising that the UK’s competition regime “starts from a strong foundation” and “is (...)

The UK Government announces a series of proposed reforms to competition law enforcement aiming to produce a “best in class” competition regime to allow the UK to exploit post-Brexit opportunities
Hogan Lovells (London)
United Kingdom 14 contributions 4491 visits
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Hogan Lovells (London)
United Kingdom 7 contributions 2768 visits
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Covington & Burling (London)
Royaume-Uni 19 contributions 11595 visites
In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are to produce a “best in class” competition regime to allow the UK to (...)

The UK Government consults on proposals aimed at improving its competition regime and strengthening its Competition Authority post-COVID-19, including updates to merger review, investigation tools, interim measures, fines and more direct intervention in consumer protection
Hogan Lovells (London)
United Kingdom 14 contributions 4491 visits
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Hogan Lovells (London)
United Kingdom 7 contributions 2768 visits
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Associated British Foods (London)
Royaume-Uni 2 contributions 449 visites
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, (...)

The UK Government launches a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8874 visits
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Herbert Smith Freehills (London)
United Kingdom 24 contributions 8238 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21018 visits
On 20 July 2021 the UK government launched a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes. As a result of Brexit the UK is now in a position to decide, independently from the EU Commission, how it promotes and (...)

The French President enacts an ordinance finalising the transposition of the ECN+ Directive into national law to strengthen the powers of the national competition authorities and increase their effectiveness
Bird & Bird (Paris)
France 23 contributions 3204 visites
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2705 visites
On 26 May this year, a presidential ordinance (the Ordinance) perfected the transposition into French law of the ECN+ European Directive of 11 December 2018, which aims to strengthen the powers of national competition authorities and increase their effectiveness. Several provisions of the (...)

The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive
Čechová & Partners (Bratislava)
Slovaquie 5 contributions 1821 visites
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Čechová & Partners (Bratislava)
Slovaquie 12 contributions 18406 visites
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The Slovak Parliament adopts the new competition law Act implementing the ECN+ directive and sets the date from when it would come into force
Čechová & Partners (Bratislava)
Slovaquie 12 contributions 18406 visites
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Čechová & Partners (Bratislava)
Slovaquie 5 contributions 1821 visites
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
Slovaquie 5 contributions 1821 visites
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Čechová & Partners (Bratislava)
Slovaquie 12 contributions 18406 visites
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force (...)

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2516 visites
On 7 October 2019, the German Federal Ministry for Economic Affairs and Energy published the draft bill of the so-called digitization law which partly serves to implement the “ECN Plus” Directive into German law. According to the new Sec. 19a ARC the German Federal Cartel Office ("FCO") may (...)

Interim Measures: An overview of EU and national case law
Dechert (Brussels)
Belgique 26 contributions 35555 visites
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Dechert (Brussels)
Belgique 3 contributions 2578 visites
Interim measures are among the most powerful enforcement tools that are available to antitrust regulators in the European Union. Pending the outcome of investigations, which typically run into several years, interim measures can be used to ensure that effective competition is maintained, and (...)

Anticompetitive practices

 The Brazilian Competition Authority signs a cease and desist agreement with a state dental council following an investigation into the council’s prohibition of dental clinics from accepting discount cards for their services (State of Minas Gerais Dental Council)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brésil 63 contributions 18126 visites
Dental council from Minas Gerais signs agreement with CADE* The association allegedly prohibited dental clinics from accepting discount cards for their services This Wednesday (2 August 2023), the Tribunal of CADE signed a cease and desist agreement with the dental council of the state of (...)

The Brussels Markets Court of Appeal declares an appeal in a case involving the national football association moot following a Supreme Court judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgium 41 contributions 11072 visits
On 28 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) declared an appeal against a decision of the Competition College (Mededingingscollege / Collège de la Concurrence) of the Belgian Competition Authority (Belgische (...)

The Australian Competition Authority proposes to grant an interim authorisation to allow for collaboration among major supermarkets to address recycling challenges, following the liquidation of a major recycling company
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
Cooperation proposed to continue on soft plastics recycling after REDcycle liquidation* The ACCC proposes to grant authorisation with conditions for 12 months to allow the major supermarkets to continue collaborating on a short-term solution to manage the soft plastics stockpile and to (...)

The Australian Competition Authority agrees that supermarkets can cooperate in Soft Plastics Taskforce after a recycling program is paused (Coles / Woolworths / ALDI)
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
Supermarkets can cooperate in Soft Plastics Taskforce after REDcycle pauses recycling program* Major supermarket retailers will form part of a Soft Plastics Taskforce to explore solutions to address the immediate effects of REDcycle suspending its return-to-store soft plastics recovery (...)

The Belgian Competition Authority imposes interim measures to remedy the disregard of competition rules applicable to the development of a standard for Cloud applications
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Belgian Competition Authority imposes interim measures to remedy the disregard of the competition rules applicable to the development of a standard for Cloud applications* The College of the Belgian Competition Authority has decided on 20 September 2022 that it is prima facie not (...)

The Australian Competition Authority green-lights temporary cooperation in the energy industry to address the crisis caused by the Russo-Ukrainian war
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
Interim authorisation for energy industry co-operation to address crisis* The ACCC has granted interim authorisation for a range of measures allowing participants in the gas and electricity markets to work together to support Australia’s energy supply and systems during the current crisis. (...)

The Turkish Competition Authority imposes a €173.8M fine on retail grocery chains and suppliers for resale price maintenance (Savola / A101 / Carrefour / Migros...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81044 visites
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 12 contributions 2988 visites
(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and (...)

The Australian Competition Authority grants an urgent interim authorisation permitting manufacturers of ‘AdBlue’ diesel exhaust fluid to collaborate on the supply of refined urea
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
Industry allowed to collaborate on AdBlue supply arrangements* The ACCC has granted an urgent interim authorisation permitting manufacturers and other industry stakeholders to collaborate on arrangements for the supply of the diesel exhaust fluid, known as ‘AdBlue’ that is used in most (...)

The Australian Competition Authority proposes to authorize a national union of commercial radio broadcasters to collectively bargain with two Big Tech companies (Commercial Radio Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
ACCC proposes to authorise Commercial Radio Australia to collectively bargain with Google and Facebook* The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ (...)

The Spanish Commercial Court of Madrid makes an Article 267 reference to the EU Court of Justice regarding the creation of a new exclusive football league comprising Europe’s top teams (ESLC / UEFA / FIFA)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46150 visites
Twelve European football clubs signed on 17 April 2021 a framework agreement to form the European Super League (ESL). The ESL was announced as a major European football tournament in competition with the current UEFA Champions League. According to the Real Madrid president and one of the main (...)

The Australian Competition Authority grants interim authorisation to a press association to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australie 392 contributions 82320 visites
Country Press Australia members can collectively bargain with Google and Facebook* The ACCC has granted interim authorisation for Country Press Australia (CPA) members to collectively negotiate with Facebook and Google over payments to publishers for their news content that appears on the (...)

The French Competition Authority declines urgent interim measures but continues to investigate the abuse of a dominant position by a company in the electricity sector (Plum / EDF)
French Competition Authority (Paris)
France 741 contributions 394423 visits
After receiving a complaint from an electricity supplier, the Autorité de la concurrence has not issued urgent interim measures against EDF but continues its investigation into the merits of the case* The electricity supplier Plüm Energie, which offers the supply of electricity to local and (...)

The Munich Regional Court grants an injunction regarding internet search cooperation between the Government and a Big Tech company as it constitutes a restriction on competition (Google / German Ministry of Health)
Herbert Smith Freehills (Düsseldorf)
Allemagne 22 contributions 5742 visites
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Herbert Smith Freehills (Düsseldorf)
Allemagne 16 contributions 4370 visites
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17610 visits
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The Munich Regional Court has granted an injunction based on Article 101 TFEU against an arrangement between Google and the German Ministry of Health . The Ministry operates a national online platform (“Gesund.bund.de”) providing information on health, including a short description of common (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google / German Ministry of Health)
Van Bael & Bellis (Brussels)
Belgique 30 contributions 3978 visites
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13967 visits
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Van Bael & Bellis (Brussels)
Belgique 24 contributions 4806 visites
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Dutch Competition Authority allows health insurers to distribute the additional costs of effects of the COVID-19 pandemic among each other
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 34970 visites
Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Purchasing offices: Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

The 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 95294 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 Swedish Competition Authority accepts commitments from a training company to limit its use of exclusive agreements with fitness studios and closes its investigations into another two companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9928 visits
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition (...)

The Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian (...)

The Italian Competition Authority opens an investigation into an alleged anticompetitive agreement obstructing the procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
Italie 69 contributions 18295 visites
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Italian Competition Authority launches an investigation and opens sub-proceedings to potentially order interim measures against two companies providing products for the prevention of contagion of COVID-19 to consumers residing in Europe (ContextLogic / Wish)
Italian Competition Authority (Rome)
Italie 69 contributions 18295 visites
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

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

The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5443 visites
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Bird & Bird (Rome)
Italie 19 contributions 4082 visites
On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

The Belgian Competition Authority imposes interim measures on a billiards game association following a complaint raised on its anticompetitive rules (Belgian Bumper Pool Association)
University of Leiden - Europa Institute (Leiden)
Pays-Bas 4 contributions 1002 visites
In a decision of 24 January 2020, the Competition College of the Belgian Competition Authority imposed an interim measure on the Belgian Bumper Pool Association (Belgian Golf Billiards League, BGB) concerning the balls that may be played with in competitions and matches organised by the BGB or (...)

The Paris Commercial Court grants interim measures to a large food retailer by requiring that one of its suppliers of non-alcoholic beverages resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
France 6 contributions 984 visites
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BCTG Avocats (Paris)
France 7 contributions 2728 visites
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, (...)

The Swedish Competition Authority issues a preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56522 visites
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions (...)

The Chinese State Administration for Market Regulation publishes a draft to incentivise whistleblowing and reward measures for complaints against significant illegal conduct in the regulation field
Hogan Lovells (Beijing)
Chine 81 contributions 19770 visites
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Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 610 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8710 visites
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KPN (Amsterdam)
Pays-Bas 33 contributions 7185 visites
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and (...)

The Latvian Competition Authority imposes interim measures suspending concession agreements concluded between a municipality and two waste management companies (Riga Municipality / Getliņi EKO / Tīrīga)
Latvian Competition Council (Riga)
Lettonie 122 contributions 23769 visites
The Competition Council adopts a decision imposing interim measures regarding waste management in Riga* On September 9th the Competition Council of Latvia (the CC) adopted a decision imposing interim measures on Riga Municipality and the limited liability company owned by it – SIA Getliņi (...)

The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

The Hellenic Competition Authority imposes interim measures in the aluminium industry for anticompetitive behaviour (Elmin Bauxites / Mytilineos)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2254 visites
EX OFFICIO INTERIM MEASURES MYTILINEOS S.A. VS ELMIN BAUXITES S.A. (HCC 690/2019) I. After a long period during which the HCC did not view favorably applications for interim measures, interim measures were imposed on 28.06.2019 ex officio by the HCC, in the context of a highprofile case (...)

The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, (...)

Unilateral Practices

 The French Competition Authority imposes interim measures by ordering a social media giant to define new objective, transparent, non-discriminatory and proportionate criteria to access its data (Meta)
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11072 visits
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Van Bael & Bellis (Brussels)
Belgique 29 contributions 5203 visites
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13967 visits
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On 4 May 2023, the French Competition Authority (“FCA”) imposed interim measures on Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook France (“Meta”), to remedy the harm likely caused to the independent advertising verification sector and to the complainant Adloox SAS (“Adloox”) by (...)

The French Competition Authority issues interim measures against a social media giant over an alleged abuse of dominance in the online ad verification sector (Meta)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Online ad verification: The Autorité de la concurrence issues interim measures against Meta* Background Having received a complaint in October 2022 from the company Adloox SAS (hereinafter "Adloox") regarding practices implemented by the companies Meta Platforms Inc., Meta Platforms (...)

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25400 visites
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Van Bael & Bellis (Brussels)
Belgique 53 contributions 22787 visites
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Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Italian Competition Authority orders a social media giant to resume negotiations with a copyright-collecting organisation following an investigation over an alleged abuse of economic dependence in the licensing of music rights on social media platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italie 69 contributions 18295 visites
A559- - Antitrust: the ICA orders Meta to resume negotiations with SIAE. Musical works available again on Facebook e Instagram* The Authority adopts interim measures concerning the alleged abuse of economic dependence by Mark Zuckerberg’s group, which will also have to provide all (...)

The Italian Competition Authority commences investigation over an alleged abuse of economic dependence by a Big Tech firm in the licensing of the use of music rights on its platforms (SIAE / Meta)
Italian Competition Authority (Rome)
Italie 69 contributions 18295 visites
A559 - ICA: probe started for abuse of economic dependence by Meta towards SIAE* According to the Authority, Mark Zuckerberg’s company could have unduly interrupted the negotiations for licensing the use, on its platforms, of musical rights thus abusing of SIAE’s economic dependence. At the (...)

The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
Flint Global (Brussels)
France 7 contributions 13939 visites
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)

The Turkish Competition Authority imposes interim measures on a television broadcaster of Turkish Super League for providing sub-broadcasting rights in a discriminatory manner (Krea İçehim Hizmetleri)
ACTECON (Istanbul)
Turquie 9 contributions 1838 visites
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ACTECON (Istanbul)
Turquie 3 contributions 651 visites
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ACTECON (Istanbul)
Turquie 2 contributions 154 visites
As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a (...)

The Turkish Competition Authority imposes interim measures against the exclusive broadcaster of the Turkish Super League football games (Krea İçerik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81044 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 9 contributions 3005 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 2 contributions 612 visites
Introduction The Turkish Competition Board (“Board”) initiated in September 2022 a preliminary investigation against Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Krea”), a company holding exclusive broadcasting rights of the Turkish Super League and Turkish First Division League football (...)

The German Competition Authority issues interim order to an airline forbidding the termination of cooperation agreements with a rival on the grounds that to do so would impede competition (Condor / Lufthansa)
German Competition Authority (Bonn)
Germany 447 contributions 113596 visits
Lufthansa impedes Condor in competition for long-haul flights – Bundeskartellamt secures access to feeder flights* The Bundeskartellamt prohibits Lufthansa for the time being from terminating long-standing cooperation agreements (Special Prorate Agreements, SPAs) with Condor. Andreas (...)

The French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in (...)

The Ankara Regional Administrative Court partially annuls a decision by the Competition Authority which imposed restrictive interim measures on an e-commerce platform for alleged abusive self-preferencing conduct (Trendyol)
ACTECON (Istanbul)
Turquie 12 contributions 1701 visites
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest (...)

The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
German Competition Authority (Bonn)
Germany 447 contributions 113596 visits
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
Pays-Bas 1 contribution 194 visites
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Hausfeld (Amsterdam)
Pays-Bas 3 contributions 879 visites
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after (...)

The French Competition Authority calls for comments on the proposed commitments made by a Big Tech search engine to allay abuse of dominance concerns in the publishing industry (Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
United Kingdom 5 contributions 1443 visits
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Hausfeld (London)
United Kingdom 8 contributions 1988 visits
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Hausfeld (London)
Royaume-Uni 4 contributions 1193 visites
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95294 visits
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and (...)

The Austrian Cartel Court finds that a digital toll company abused its dominance by refusing to deal with a company seeking access its official webshop (ASFINAG)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Autriche 21 contributions 82622 visites
Refusal to deal is a “rare” animal in case law regarding the abuse of a dominant position under Art 102 TFEU and the respective provisions under national law of the EU member states. It is therefore noteworthy that the Austrian Supreme Court (in its capacity as Appellate Cartel Court) (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third-party data to benefit its own offerings (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81044 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 5 contributions 1488 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 9 contributions 3005 visites
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and (...)

The French Competition Authority fines a Big Tech search engine €500M for failing to comply with multiple injunctions which sought to protect online publishers from abuses of dominance (Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance with several injunctions* Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for (...)

The Swedish Competition Authority finds that a data collector’s refusal to supply data constitutes an abuse of dominance and imposes a temporary obligation to continue to deliver data on the housing market to a company in charge of the national housing price index (Svensk Mäklarstatistik)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9928 visits
Svensk Mäklarstatistik must continue to deliver data on the housing market* The Swedish Competition Authority is imposing a temporary obligation on Svensk Mäklarstatistik to continue to deliver data on residential transactions in Sweden to the company Valueguard Index Sweden, including the (...)

The French Competition Authority rejects a TV broadcaster’s complaint against the national football league’s awarding of broadcasting rights due to insufficient evidence (Canal Plus / Ligue de Football Professionnel)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Reawarding of the football Ligue 1’s TV rights: The Autorité de la concurrence rejects Canal + Group’s complaint against the LFP, for lack of sufficient evidence* Background On 29 January 2021, Canal Plus Group ("GCP") referred practices allegedly implemented by the Ligue de Football (...)

The Indian Competition Authority launches an investigation against a baseball federation and grants a rare interim injunction against the federation restraining its members’ participation in "not recognized" sports events (Confederation of Professional Baseball Softball Clubs / Amateur Baseball Federation of India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18385 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20410 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19310 visits
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The CCI considered at prima facie stage allegations by the Confederation of Professional Baseball Softball Clubs (CPBSC) that the Amateur Baseball Federation of India (ABFI) had abused its dominant position by prohibiting State Baseball Associations from dealing with bodies and leagues not (...)

The Indian Gujarat High Court grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
Inde 58 contributions 16382 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 56 contributions 15743 visites
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Shardul Amarchand Mangaldas (Mumbai)
Inde 70 contributions 19575 visites
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The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The French Competition Authority rejects the implementation of interim measures but continues to investigate a Big Tech company’s alleged abuse of a dominant position (Apple)
University Paris-Panthéon-Assas
France 1 contribution 442 visites
On 23 October 2020, several associations representing various players of the online advertising sector filed a complaint before the French Competition Authority, alleging that Apple abused its dominance on the application distribution market for IOS devices by imposing on app developers (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agency market (MMT-Go / Treebo / FabHotels)
National Law School of India University
3 contributions 1606 visites
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Khaitan & Co (New Delhi)
Inde 1 contribution 281 visites
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
Economic Laws Practice (New Delhi)
Inde 1 contribution 762 visites
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information (...)

The Indian Competition Authority grants an interim order against online travel agencies alleged to have engaged in anti-competitive practices (MMT-Go / Treebo / FabHotels)
Gujarat National Law University (Gandhinagar)
Inde 1 contribution 141 visites
1. Introduction On 9th March 2021, India’s fair trade regulator, the Competition Commission of India (‘CCI’) granted Interim Relief to the parties seeking it, Treebo and FabHotels. They had been delisted from the platform of India’s most popular Online Travel Agency (‘OTA’), MakeMyTrip (...)

The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8382 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10220 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10286 visites
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KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against two Big Tech companies (Facebook / WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81044 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 22 contributions 5516 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 5 contributions 1229 visites
Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé)
2 contributions 979 visites
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Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88219 visites
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

The Belgian Competition Authority rules that a national football association’s conditions to obtain a professional license are prima facie incompatible with competition law and orders interim measures (Virton / RBFA)
University of Liège
Belgique 3 contributions 840 visites
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Tribunal de l’Entreprise (Tongeren)
1 contribution 89 visites
On 19 November 2020, the Belgian Competition Authority (“BCA”) ordered interim measures against the Royal Belgian Football Association (“RBFA”) following a request filed by the professional football club Royal Excelsior Virton (“RE Virton”). The BCA considered that the RBFA’s refusal to grant (...)

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgique 41 contributions 11072 visites
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at (...)

The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgique 41 contributions 11072 visites
In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian (...)

The Paris Court of Appeal confirms the Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Addleshaw Goddard (Paris)
France 39 contributions 44062 visites
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
Belgique 37 contributions 8993 visites
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Free University of Brussels (ULB)
Belgique 17 contributions 29405 visites
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 23 contributions 24320 visites
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Van Bael & Bellis (Brussels)
Belgique 19 contributions 7620 visites
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for (...)

The Hellenic Competition Authority examines a complaint lodged against three companies in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4806 visits
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had (...)

The German Federal Court of Justice overturns the Dusseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
German Engineering Federation (VDMA)(Frankfurt)
Germany 1 contribution 699 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 1 contribution 699 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 5 contributions 2431 visits
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On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Municipality of Cagliari
166 contributions 132935 visits
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 4 contributions 634 visites
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Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct (...)

The French Competition Authority imposes interim measures on a dominant Big Tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
DLA Piper (Brussels)
Belgique 8 contributions 3577 visites
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Hausfeld (London)
États-Unis 3 contributions 700 visites
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The French Competition Authority imposes interim measures against a search engine suspected of abusing its dominance by infringing the law relating to neighboring rights (Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to (...)

The French Competition Authority issues interim measures requiring a Big Tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering (...)

The French Competition Authority imposes interim measures on a Big Tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated with the use of their content based on transparent, objective, and non-discriminatory criteria (Google)
Vaillant Group (Paris)
22 contributions 3355 visites
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Bird & Bird (Paris)
France 23 contributions 3204 visits
On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

The Belgian Competition Authority imposes interim measures against a sports association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority rejects a request for interim measures against a dominant telecoms company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying (...)

The French Competition Authority rules that a Big Tech firm had abused its dominant position in the national market for search advertising through its auction-based advertising system (Google)
Hausfeld (London)
Royaume-Uni 20 contributions 5150 visites
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Hausfeld (London)
Royaume-Uni 5 contributions 1010 visites
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DLA Piper (London)
Royaume-Uni 3 contributions 646 visites
Introduction On 20 December 2019, the French Competition Authority (Autorité de la Concurrence) (the “Authority”) announced its finding that Google had abused its dominant position in the French market for search advertising through the operating rules applied by Google Ads (previously known (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Paris)
France 134 contributions 65783 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgique 64 contributions 98624 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20592 visites
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission imposes interim measures on a tech company in the design, development and supply of semiconductors (Broadcom)
Bird & Bird (Brussels)
Belgique 42 contributions 12175 visites
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Allen & Overy (Brussels)
Belgique 28 contributions 3265 visites
On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

The EU Commission imposes interim measures for the first time in 18 years making the company cease and desist until the end of the investigation (Broadcom)
Baker Botts (Brussels)
Belgique 29 contributions 48932 visites
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Baker Botts (Brussels)
Belgique 2 contributions 132 visites
For the first time in 18 years, the European Commission (“Commission”) has imposed interim measures on a company, ordering it to cease and desist certain practices pending the outcome of its antitrust investigation (or for a period of 3 years if the investigation is not concluded earlier). The (...)

The EU Commission imposes interim measures on a chipmaking company suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
France 2 contributions 360 visites
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Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26109 visites
On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, (...)

The EU Commission imposes interim measures on a major supplier of integrated circuits for communications devices to prevent damage to competition in the TV set-top boxes and modems market (Broadcom)
Free University of Brussels (ULB)
Belgique 17 contributions 29405 visites
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Ashurst (Brussels)
Belgique 37 contributions 8993 visites
On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain (...)

The EU Commission imposes interim measures on a technology company to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position (Broadcom)
Leiden University - Faculty of Governance and Global Affairs
Pays-Bas 2 contributions 421 visites
Introduction On 16 October 2019, the European Commission imposed interim measures on Broadcom to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position. On 7 October 2020, the Commission accepted commitments offered by Broadcom regarding (...)

The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)
Dechert (Brussels)
Belgique 26 contributions 35555 visites
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Dechert (Brussels)
Belgique 9 contributions 12191 visites
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Dechert (Brussels)
Belgique 3 contributions 2578 visites
Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)

The EU Commission opens an investigation into semiconductor company for exclusionary conduct and uses interim powers for the first time in two decades (Broadcom)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46150 visits
The European Commission has announced that it has opened an investigation against Broadcom in connection with various practices such as between Broadcom products and other products. The case follows precedents in the microchips market, particularly echoing the investigation against Intel (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20592 visites
The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In (...)

The EU Commission seeks interim measures for the first time in 18 years (Broadcom)
Hogan Lovells (London)
Royaume-Uni 1 contribution 56 visites
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Hogan Lovells (London)
Royaume-Uni 17 contributions 3162 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 June 2019, the European Commission announced that it has opened a formal investigation to determine whether US chipmaker, Broadcom, is abusing its (...)

The Belgian Markets Court rejects an appeal lodged by an undertaking against the decision to reject its request for interim measures and explains limits of its jurisdiction (The Great Circle)
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92552 visites
On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)

The Belgian Competition Authority refuses to impose an interim measure on a meteorological institute accused of abuse of dominance in the market for meteorological data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Competition College of the BCA has refused to impose an interim measure on the Royal Meteorological Institute as requested by The Great Circle* The Competition College of the Belgian Competition Authority (BCA) has refused on 15 February 2019 to impose an interim measure on the Belgian (...)

The French Competition Authority orders interim measures against a search engine company in the online advertising market (Amadeus / Google)
French Competition Authority (Paris)
France 741 contributions 394423 visits
Online advertising by directory enquiry services* The Autorité de la concurrence has ordered interim measures against Google. Google will need to quickly clarify the rules for its Google Ads online advertising platform that apply to electronic paid information services in order to make (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ (...)

The French Competition Authority imposes interim measures on a Big Tech company following a complaint alleging abuse of its dominant position on the online search advertising market (Amadeus / Google)
Bird & Bird (Paris)
France 23 contributions 3204 visits
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Vaillant Group (Paris)
22 contributions 3355 visites
On January 31st 2019, the French Competition Authority (“the FCA”) imposed interim measures on Google following a complaint lodged in May 2018 by Amadeus (a company offering directory enquiry services) alleging that Google had abused its dominant position on the online search advertising (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring / Broadcast Partners)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT (...)

The Belgian Competition Authority imposes interim measures on a manufacturer of lids for electricity meter boxes for possible abuse of dominance (ABB)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Competition College of the BCA imposes interim measures on ABB Industrial Solutions regarding lids for electricity meter boxes* On 3 September 2018, the Competition College of the Belgian Competition Authority (BCA) imposed interim measures, at the request of TECO NV, on ABB Industrial (...)

The Egyptian Competition Authority orders interim measures against a football organization which granted exclusive rights in absence of fair, or transparent or non-discriminatory tendering procedures (FIFA)
Egyptian Competition Authority (Cairo)
Égypte 5 contributions 1596 visites
The ECA orders interim measures against the FIFA to make available on free-to-air terrestrial channels the 2018 World Cup Russia* The ECA has ordered interim measures against FIFA based on prima facie finding of infringements to articles 7 and 8 of the Egyptian competition law as it was (...)

The Belgian Competition Authority fines equestrian competition organizers for lack of implementation of provisional measures (Fédération Equestre Internationale / GCT / GCL)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
The Competition College of the BCA imposed penalty payments on the FEI, the SPRL Global Champions League and the SPRL Tops Trading Belgium* The Competition College of the BCA has imposed on 13 April 2018 penalty payments on the Fédération Equestre Internationale, the SPRL Global Champions (...)

The German Federal Court of Justice issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
Germany 17 contributions 3840 visits
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Jones Day (Brussels)
Belgique 46 contributions 18530 visites
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Jones Day (Frankfurt)
Allemagne 11 contributions 4058 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. _ The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
Allemagne 1 contribution 820 visites
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

Mergers

 The Belgian Competition Authority applies the abuse of dominance provisions to a non-notifiable takeover by a telecommunications operator and issues interim measures (Proximus / EDPnet)
Van Bael & Bellis (Brussels)
Belgique 56 contributions 25400 visites
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22787 visits
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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The Belgian Competition Authority (BCA) continued its quixotic quest to stop telecommunications operator Proximus from acquiring the assets of near-bankrupt broadband communications service provider EDPnet. Its competition college issued a standstill and hold-separate order requiring Proximus (...)

The Belgian Competition Authority’s Auditor General requests the adoption of interim measures in a proposed acquisition in the broadband communications services sector (Proximus / Edpnet)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
Proximus/edpnet case (post-Towercast): the Auditor General requests interim measures to ensure the continuity of edpnet’s activities and its operational and commercial independence from Proximus* The Belgian Competition Authority confirms that the Auditor General has for the first time made (...)

The Australian Competition Authority grants an interim authorisation to permit the coordination of passenger and cargo transport operations in the aviation industry (Qantas / China Eastern)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Interim authorisation granted to Qantas and China Eastern* Qantas Airways, China Eastern and their related entities can continue coordinating their passenger and cargo transport operations following an interim authorisation from the ACCC. Under an existing authorisation granted in 2021 (...)

The Australian Competition Authority grants interim authorisation to two airlines to continue operating joint ventures in the Asian market for flights (Jetstar / Qantas)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Interim authorisation granted to Jetstar’s Asian brands* The ACCC has granted interim authorisation to Qantas Airways Ltd (ASX:QAN) and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain circumstances between Jetstar Japan and (...)

The Belgian Brussels Court of Appeal rejects a supermarket’s request to suspend a merger between two of its rivals due to gun jumping (Carrefour / Intermarché / Mestdagh)
Altius (Brussels)
Belgique 8 contributions 14440 visites
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Altius (Brussels)
Belgique 2 contributions 1607 visites
Introduction On 23 December 2022, the Brussels Court of Appeal (the Market Court) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (BCA’s) decision of 9 November 2022, which authorised the concentration between Intermarché AB (ITM) and (...)

The Indian Competition Authority fines a renewable energy firm a nominal sum for gun jumping in a first-of-its-kind decision (Adani Green / SB Energy)
Khaitan & Co (Mumbai)
Inde 6 contributions 1620 visites
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University of Michigan Law School (Ann Arbor)
États-Unis 1 contribution 509 visites
In its order dated 9 March 2022, the Competition Commission of India (“CCI”) penalized Adani Green Energy Limited (“Adani Green”) for gun jumping in connection with its acquisition of S.B. Energy Holding Limited (“SB Energy” / “Target”). Per the CCI, the central issue was of Adani Green (...)

The Canadian Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10530 visits
Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers* Court grants Commissioner’s appeal following Tribunal decision which concluded the contrary The Commissioner of Competition welcomes a recent ruling from the Federal Court of Appeal (...)

The Canadian Federal Court rules en banc that the Competition Authority is able to seek a temporary pause on a merger whilst the interim pause is debated in court (Secure / Tevita)
Fasken Martineau (Toronto)
Canada 2 contributions 471 visites
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Fasken Martineau (Toronto)
Canada 3 contributions 512 visites
Canada’s Competition Tribunal has jurisdiction to grant “interim interim” relief in the contested merger context* As discussed in our prior blog post titled “Competition Tribunal Dismisses Request for Interim Interim Order”, the Competition Tribunal (the “Tribunal”) previously found that it (...)

The UK Competition Authority updates its interim measures guidelines
McDermott Will & Emery (Washington)
États-Unis 13 contributions 2778 visites
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McDermott Will & Emery (Paris)
France 28 contributions 3910 visites
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McDermott Will & Emery (Washington)
États-Unis 32 contributions 6549 visites
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On December 21, 2021, the CMA updated its guidance on interim measures in merger investigations and the initial enforcement order template. Interim measures take three forms, which depend on the stage of the investigation and whether they are imposed on the merging parties or agreed between (...)

The Brazilian Competition Authority allows a European shipping company to exercise some corporate control over a national logistics company while the Authority considers its proposed acquisition (SAS Shipping Agencies Services / Log-In Logística Intermodal)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18126 visits
CADE allows SAS to exercise some corporate control over the business affairs of Log-In until the case is adjudicated* The authorization ensures the reversibility of the transaction and the competitive conditions of the affected markets On 15 December 2021, the Administrative Council for (...)

The EU Commission adopts interim measures to prevent harm to competition following a merger between biological and pharmaceutical companies (Illumina / Grail)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
Mergers: Commission adopts interim measures to prevent harm to competition following Illumina’s early acquisition of GRAIL* The European Commission has adopted interim measures to restore and maintain the conditions of effective competition following Illumina’s early acquisition of GRAIL, (...)

The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Illumina / Grail)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22787 visits
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25400 visites
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Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

The EU Commission imposes interim measures on two healthcare companies for breaching the EU Merger Regulation by gun jumping (Illumina / Grail)
Arnold & Porter Kaye Scholer (Brussels)
Belgique 64 contributions 98624 visites
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McDermott Will & Emery (Washington)
États-Unis 13 contributions 2778 visites
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McDermott Will & Emery (Washington)
États-Unis 32 contributions 6549 visites
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In October 2021, the European Commission imposed interim measures on Illumina and GRAIL to restore and maintain competition between the entities following Illumina’s decision to close its acquisition of GRAIL prior to the Commission completing its review of the transaction and in breach of the (...)

The EU Commission investigates a merger between two genomics companies (Illumina / Grail)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7525 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65783 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7406 visits
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The EC’s review of Illumina’s acquisition of GRAIL raises two novel issues: the assertion of jurisdiction by the EC over transactions that do not meet any national or EU jurisdictional merger control tests, and the use of interim measures to stop parties closing a transaction where the EC has (...)

The UK Competition Authority imposes a record-breaking £50.5M fine on a Big Tech company for multiple and serious breaches of an Interim Enforcement Order imposed as part of an investigation into the company’s acquisition of an online provider of GIFs (Facebook / Giphy)
Van Bael & Bellis (London)
Royaume-Uni 16 contributions 3482 visites
On 20 October 2021, the UK’s Competition and Markets Authority (“CMA”) announced its decision to impose a record-breaking fine of £ 50.5 million on Facebook, for multiple (and serious) breaches of an Interim Enforcement Order (“IEO”) imposed as part of the CMA’s investigation into the tech (...)

The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / Grail)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22787 visits
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52618 visites
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Van Bael & Bellis (Brussels)
Belgique 56 contributions 25400 visites
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In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

The EU Commission announces interim measures following a breach of the standstill obligation between two healthcare companies specialized in genomic sequencing (Illumina / Grail)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815364 visits
Mergers: The Commission adopts a Statement of Objections in view of adopting interim measures following Illumina’s early acquisition of GRAIL* The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the interim measures it intends to adopt following (...)

The EU Commission issues a Statement of Objections, pursuing interim measures on two pharmaceutical companies for the alleged violation of the standstill obligation (Illumina / Grail)
Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71670 visites
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Herbert Smith Freehills (Brussels)
Belgique 44 contributions 17610 visites
The Illumina/GRAIL case saga continues. As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s ("Commission") new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger (...)

The Slovak Parliament adopts the Act on Protection of Competition which contains rules on merger control
Čechová & Partners (Bratislava)
Slovaquie 5 contributions 1821 visites
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Čechová & Partners (Bratislava)
Slovaquie 12 contributions 18406 visites
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The UK Competition Authority provisionally blocks a merger between equity crowdfunding platforms leading them to abandon the transaction (Crowdcube / Seedrs)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95294 visits
Crowdcube and Seedrs abandon merger during CMA investigation* Crowdcube and Seedrs have abandoned their proposed tie-up after the CMA provisionally blocked the deal. The Competition and Markets Authority (CMA) therefore intends to cancel its investigation into the potential competition (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s suspension of a merger between a social media company and an online graphics database company pending an ongoing investigation (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95294 visits
CMA welcomes Tribunal judgment in Facebook and Giphy case* The CMA welcomes today’s Competition Appeal Tribunal judgment which dismissed all of Facebook’s grounds of appeal. The Competition and Markets Authority (CMA) is currently investigating Facebook’s purchase of Giphy, which completed (...)

The UK Competition Appeal Tribunal dismisses a social media company’s appeal against an order of the Competition Authority preventing a merger (Facebook / Giphy)
Government Legal Department (London)
United Kingdom 18 contributions 2459 visits
On 13 November 2020, the UK’s Competition Appeal Tribunal (“CAT”) dismissed Facebook’s appeal against an order by the UK’s Competition and Markets Authority (“CMA”) preventing Facebook from integrating with Giphy, a company it had acquired while the CMA conducted its investigation into the (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to prevent the acquisition of an online graphics database by a social media company (Facebook / Giphy)
Ashurst (London)
Royaume-Uni 34 contributions 16798 visites
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Ashurst (London)
Royaume-Uni 13 contributions 3938 visites
In a unanimous judgment, the Competition Appeal Tribunal ("CAT") dismissed Facebook’s application challenging the CMA’s refusal to grant certain derogations from an initial enforcement order ("IEO") imposed in connection with Facebook’s completed acquisition of GIPHY, Inc. WHAT YOU NEED TO (...)

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 27936 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 US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40121 visits
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The UK Competition Authority publishes guidance on its approach to merger control during the COVID-19 pandemic
Herbert Smith Freehills (London)
United Kingdom 59 contributions 21018 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8875 visits
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Herbert Smith Freehills (London)
United Kingdom 24 contributions 8238 visits
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

The UK Competition Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the COVID-19 pandemic
Morgan Lewis (London)
États-Unis 13 contributions 5644 visites
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Morgan Lewis (London)
Royaume-Uni 26 contributions 9848 visites
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Morgan Lewis (London)
Royaume-Uni 8 contributions 1626 visites
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to (...)

The UK Competition Authority publishes its guidance on merger assessments during the COVID-19 pandemic
Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22930 visites
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Latham & Watkins (Brussels)
Belgique 1 contribution 598 visites
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to (...)

The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Orange Belgium / Proximus)
Allen & Overy (Brussels)
Belgique 28 contributions 3265 visites
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Bird & Bird (Brussels)
Belgique 42 contributions 12175 visites
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20592 visites
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)

The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Belgique 108 contributions 22711 visites
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 (...)

The Canadian Commissioner of Competition files an application with the Competition Tribunal challenging the acquisition by an undertaking of a primary grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3927 visites
HE KNOWS WHEN YOU’VE BEEN NAUGHTY: CANADA’S COMPETITION COMMISSIONER DELIVERS LUMPS OF COAL TO MERGING PARTIES* In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent (...)

The UK Competition Authority imposes its largest fine for a single breach of an interim enforcement order in a merger (PayPal / iZettle)
Herbert Smith Freehills (London)
United Kingdom 24 contributions 8238 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 4201 visits
On 24 September 2019 the UK Competition and Markets Authority (CMA) imposed its largest ever fine for a single breach of an interim enforcement order (IEO) on Paypal, in the context of its acquisition of iZettle. IEOs are now routinely imposed in almost all completed mergers investigated by (...)

The Turkish Competition Authority unconditionally clears a joint-control acquisition in the market for domestic and international freight services (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81044 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4792 visites
This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8875 visits
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Herbert Smith Freehills (London)
United Kingdom 24 contributions 8238 visits
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Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71670 visites
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On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Égypte 5 contributions 1596 visites
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing (...)

The UK Competition Authority fines a company for breach of an interim order during a merger review (Electro Rent)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71770 visites
On 11 June 2018, the CMA fined Electro Rent £100,000 for breaching an Interim Order imposed in relation to Electro Rent’s acquisition of Microlease. According to the CMA, Electro Rent had failed to obtain the CMA’s consent prior to serving a notice of termination on the lease of its only (...)

State Aid

 The EU Court of Justice dismisses an appeal by the beneficiary of an aid, concluding that the preferential electricity tariff constituted incompatible State aid (Mytilinaios)
Maastricht University
Belgique 353 contributions 64074 visites
A PREFERENTIAL ELECTRICITY TARIFF SELECTIVE, CONFERS AND ADVANTAGE AND DISTORTS COMPETITION* Introduction On 11 December 2019, in case C‑332/18 P, Mytilinaios Anonymos Etairia — Omilos Epicheiriseon v European Commission, the Court of Justice probably wrote the last chapter in a (...)

The Spanish Supreme Court upholds an appeal against a ruling which denied interim measures whilst the EU Commission investigated suspected illegal State aid (Astra Ibérica)
Judicial Ethics Commission (Madrid)
39 contributions 2135 visites
The Supreme Court upheld the cassation appeal against an order of the National Court that denied interim measures due to the obligations that derive for national judges from the initiation of a procedure by the European Commission concerning State aid. Background & facts of the case (...)

The Spanish Supreme Court suspends the procedure for the implementation of digital terrestrial television whilst the EU Commission examines the legality and the compatibility of its State aid with the internal market
Judicial Ethics Commission (Madrid)
39 contributions 2135 visites
The Supreme Court suspends the judicial procedure twice, taking into account the initiation by the European Union of the procedure provided for in art. 108.2 of the TFEU, to determine the eventual incompatibility of the National Transition Plan of DTT with the legality of the Union. (...)

The Spanish High Court of Justice for Valencia revokes a temporary suspension granted against a State aid recovery decision (Institut Valencià de Finances / Hércules de Alicante Club de Futbol)
Judicial Ethics Commission (Madrid)
39 contributions 2135 visites
Valencia High Court of Justice revokes the interim measure of suspension granted by a Court of First Instance against a regional recovery decision based on a decision of the European Commission appealed to the General Court and from which the interim suspension had also been requested. (...)

The EU General Court reverses the suspension of recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)
Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28526 visites
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European Commission - DG COMP (Brussels)
Belgique 45 contributions 20610 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20592 visites
On 15 October 2014, the Commission found that Spanish tax breaks for indirect shareholding in foreign companies breached EU State Aid rules. The measures were in force since 2001 and, in practical terms, allowed companies subject to tax in Spain to purchase shareholding of at least 5% in (...)

Procedures

 The EU General Court dismisses an action brought by a BigTech firm against a Commission decision seeking the disclosure of documents identified by means of search terms on the grounds that the decision is consistent with the principle of proportionality (Meta)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102358 visits
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2457 visits
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Ashurst (London)
Royaume-Uni 7 contributions 1341 visites
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (Trucks Cartel)
Hausfeld (London)
Royaume-Uni 4 contributions 819 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1586 visites
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The EU Court of Justice clarifies the extent to which a document containing sensitive personal information requested as part of an RFI is relevant to an investigation by ordering interim measures in a Court order (Facebook)
Clifford Chance (Brussels)
Belgique 1 contribution 188 visites
Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?* The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case (...)

The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until a specific virtual data room procedure is set up (Facebook)
Van Bael & Bellis (Brussels)
Belgique 15 contributions 2975 visites
On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s (...)

The EU General Court President issues two orders for interim measures on personal data gathered in EU antitrust probes against a major social media platform (Facebook)
Cleary Gottlieb Steen & Hamilton (Milan)
Italie 1 contribution 435 visites
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Clifford Chance (Brussels)
Belgique 1 contribution 435 visites
In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to (...)

The French Competition Authority announces the reinstatement of certain statutory limits as some of the public health measures put in place during the pandemic are lifted
French Competition Authority (Paris)
France 741 contributions 394423 visits
Gradual lifting of the state of health emergency in France: re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting (...)

The Higher Regional Court of Düsseldorf suspends an order of the Competition Authority after the world’s biggest social network appeals an abuse of dominance decision (Facebook)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65801 visites
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)
Baker Botts (London)
United Kingdom 9 contributions 2464 visits
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Baker Botts (Washington)
États-Unis 20 contributions 17624 visites
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Baker Botts (Brussels)
Belgium 27 contributions 19983 visits
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On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as (...)

The Higher Regional Court of Düsseldorf orders suspensive effect of a social network company’s appeal against the Competition Commission’s decision which prevented data-gathering practices (Facebook)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3978 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its (...)

The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2516 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data-gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
Germany 15 contributions 4171 visits
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Ashurst (London)
Royaume-Uni 2 contributions 765 visites
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Hunton Andrews Kurth (Brussels)
Belgique 1 contribution 2332 visites
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
Allemagne 1 contribution 2332 visites
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White & Case (Düsseldorf)
Allemagne 3 contributions 2527 visites
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

Regulatory

 The EU Commission sees its Foreign Subsidies Regulation enter into force, creating a new regime with the objective of protecting the internal market from distortions created by foreign subsidies
University of Oxford
Royaume-Uni 1 contribution 56 visites
The EU Foreign Subsidies Regulation (“FSR”) has been published on the 14th of December 2022 and entered into force on 12 January 2023. The Regulation creates a new regime with the objective of protecting the internal market of the European Union from distortions created by foreign subsidies. (...)

The EU Commission proposes a regulation to tackle competition issues with large online platforms in digital markets
Portuguese Government (Lisbon)
Portugal 3 contributions 1286 visites
The European Commission’s proposal for a Digital Markets Act (DMA) is a step forward in ensuring swift intervention in the digital sector, but flexibility is key. Competition law enforcement takes too long The Commission has heavily fined large technology companies for breach of (...)

The UK Competition Authority publishes a report setting out recommendations that the Government could implement to regulate technology firms in a way that promotes competition in digital markets
Hausfeld (London)
Royaume-Uni 4 contributions 1960 visites
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Ashurst (London)
Royaume-Uni 8 contributions 3288 visites
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Hausfeld (London)
Royaume-Uni 5 contributions 1010 visites
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In December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...)

The French Government issues interim rules on certain foreign investments in response to COVID-19
Skadden, Arps, Slate, Meagher & Flom (Paris)
France 2 contributions 374 visites
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Paris Bar
France 2 contributions 374 visites
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European (...)

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry
German Competition Authority (Bonn)
Germany 447 contributions 113596 visits
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The Australian Competition Authority grants interim authorization allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to COVID-19 exposure
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
CO-ORDINATION ON LIFE INSURANCE FOR FRONTLINE WORKERS DURING PANDEMIC* The ACCC has granted interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to potential or actual exposure to COVID-19. The interim (...)

The Australian Competition Authority grants interim authorization after receiving an application lodged by private health insurers to provide financial relief to policyholders during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
PRIVATE HEALTH INSURERS TO COOPERATE ON COVID-19 COVERAGE AND DEFERRAL OF PREMIUMS* Private health insurers have been granted conditional interim authorisation to co-ordinate on providing financial relief to policy holders during the COVID-19 pandemic, and broadening insurance coverage to (...)

The Australian Competition Authority authorizes private hospitals in Victoria and Queensland to cooperate with their state health agencies, public hospitals, and each other during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Private and public hospitals to cooperate on COVID-19 in Victoria and Queensland* The ACCC has separately authorised private hospitals in Victoria and in Queensland to cooperate with their state health agencies, public hospitals and each other, as they prepare for and respond to the COVID-19 (...)

The Australian Competition Authority allows oil-companies to cooperate to secure fuel supply during COVID-19 crisis
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Oil companies allowed to co-operate to secure fuel supply during COVID-19 pandemic* Major oil refiners and the Australian Institute of Petroleum (AIP), the industry’s representative body, have been granted interim authorisation by the ACCC to discuss and put in place measures so fuel (...)

The Australian Competition Authority grants interim authorisation to allow gas and electricity industry participants to cooperate on measures during COVID-19 crisis (AEMO)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Co-operation to support reliable energy sector authorised* The ACCC has granted interim authorisation to the Australian Energy Market Operator Limited (AEMO) to allow gas and electricity industry participants to co-operate on measures to ensure secure and reliable energy supply and integrity (...)

The Australian Competition Authority authorises shopping centers owners and managers to discuss and implement rent relief measures for small to medium shopping center tenants during COVID-19 crisis
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Shopping centres to co-operate to support retail tenants* Shopping centre owners and managers have been granted interim authorisation to discuss and implement rent relief measures for small to medium shopping centre tenants facing hardship because of the COVID-19 pandemic. This follows an (...)

The Australian Competition Authority authorizes medicine wholesalers to cooperate and to facilitate the distribution of essential medication and pharmacy products during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Medicine wholesalers to co-operate on access to pharmaceutical products* Wholesalers of medicines will be able to co-operate to facilitate distribution of essential medication and pharmacy products after being granted interim authorisation by the ACCC. This follows an application by the (...)

The Australian Competition Authority provides an interim authorisation for the Australian Banking Association and banks in order to cooperate on loan relief and services during COVID-19 crisis
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82320 visits
Banks authorised to co-operate on loan relief and services* The ACCC has provided a second, conditional, interim authorisation for the Australian Banking Association (ABA) and banks to co-operate to provide supplementary relief packages for individuals and businesses affected by COVID-19. (...)

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector
Vaillant Group (Paris)
22 contributions 3355 visites
As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly Law
Dacheng - Dentons (Beijing)
Chine 2 contributions 562 visites
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Shanghai Jiao Tong University (Shanghai)
Chine 2 contributions 562 visites
On 2 January 2020, the State Administration for Market Regulation of China (“SAMR”) released a draft of the proposed amendment to the Anti-Monopoly Law of China (“Draft Amendment”) to solicit public comments from different sectors of society. It indicates that after twelve years, at the (...)

The Chinese State Administration of Market Regulation posts a draft of the Interim Measures on Rewards for Complaints against Significant Illegal Conduct in the market regulation field
Hogan Lovells (Beijing)
China 81 contributions 19770 visits
COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA?* As the number of leniency applications is down globally and competition authorities are struggling to find alternative sources of supply for antitrust complaints, China has circulated a draft rule to financially incentivise employee (...)

The UK Digital Competition Expert Panel releases its report setting out its proposed changes for effective regulation of the digital economy
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 133 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 19046 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 917 visits
On 13 March 2019, the UK’s Digital Competition Expert Panel, led by advisor to former US President Barack Obama, Professor Jason Furman, released its report setting out its proposed changes for effective regulation of the digital economy (the Report). UK Chancellor, Phillip Hammond, who (...)

The Belgian Competition Authority imposes interim measures in a public procurement procedure in the broadcasting transmission market (Norkring / Broadcast Partners)
Bird & Bird (Brussels)
Belgique 42 contributions 12175 visites
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Allen & Overy (Brussels)
Belgique 28 contributions 3265 visites
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Bird & Bird (Brussels)
Belgique 13 contributions 2017 visites
This decision of 22 January 2019 is the next step in an eventful public procurement procedure and it confirms the preference of the Belgian Competition Authority ("BCA") to tackle cases via interim measures. Norkring has a service agreement to transmit the FM broadcasts of VRT that runs (...)