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22 Dec 2020 B

The Australian Competition Authority rejects big tech company’s behavioural remedies for wellness and healthcare manufacturer acquisition (Google / Fitbit)

Australian Competition Authority • December 2020 - II

ACCC rejects Google behavioural undertakings for Fitbit acquisition* The ACCC has announced that it will not accept a long-term behavioural undertaking offered by Google that sought to address competition concerns about its proposed acquisition of wearables supplier and manufacturer Fitbit. (...)

4 Dec 2020 C

8th Global Merger Control Conference #3 In-house counsel showcase session & Closing discussion

Alec J. Burnside, Cecilio Madero Villarejo, François Garnier, Pascal Belmin, Clara Ingen-Housz, Mélanie Thill-Tayara

3rd Webinar of the « 8th Global Merger Control Conference » organised by Concurrences, in partnership with Dechert. In-house counsel panel with Pascal Belmin (Head of EU Regulatory Affairs, Airbus), François Garnier (Group General Counsel, Ipsen), Clara Ingen-Housz (Chief Compliance Officer & (...)

30 Nov 2020 B

The Australian Competition Authority begins consultation on the proposed acquisition of health and wellness undertaking by Big tech company (Google / Fitbit)

Australian Competition Authority • November 2020

Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

17 Nov 2020 B

The UK Competition Authority opens consultation on revised merger assessment guidelines

Omar Shah, Michael Zymler • November 2020

The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

17 Nov 2020 B

The UK Competition Authority launches consultation on revised merger assessment guidelines

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Tom R. Selwyn Sharpe • November 2020

Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and addressing (...)

4 Nov 2020 C

11th New Frontiers of Antitrust Conference #2 Improving the effectiveness and the agility of competition law enforcement

Virginie Beaumeunier, Alvaro Ramos, Olivier Guersent, Antoni Vassileff, Laurence Idot, Michael Grenfell

2nd Webinar of the « 11th New Frontiers of Antitrust Conference » organised by Concurrences, in partnership with Advolis Orfis and Qualcomm, with Virginie Beaumeunier (Director General, DGCCRF), Olivier Guersent (Director General, DG COMP - European Commission), Michael Grenfell (Executive (...)

30 Oct 2020 B

The Hong Kong Competition Authority accepts commitments from 4-party joint venture applying to jointly operate their berths at Kwai Tsing port (Hong Kong Seaport Alliance)

Hong Kong Competition Authority • October 2020

Competition Commission accepts commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT Limited (...)

30 Oct 2020 B

The US FTC imposes conditions on pharmaceutical merger with competition concerns in ten generic drug markets (Mylan / Upjohn)

US Federal Trade Commission • October 2020

FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

14 Oct 2020 eB

Albert A. Foer Liber Amicorum The Promise and the Perils of Conduct Remedies in Merger Review

John Kwoka

159 The Promise and the Perils of Conduct Remedies in Merger Review joHn k woka *1 Northeastern University Abstract Conduct remedies to resolve otherwise anticompetitive mergers have come into greater use and drawn more attention in recent years. This paper reviews how these changes came to be (...)

7 Oct 2020 B

The US FTC approves final order imposing divestitures as a condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)

US Federal Trade Commission • October 2020

FTC Approves Final Order Imposing Conditions on Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Arko Holdings Ltd.’s acquisition of Empire Petroleum Partners, LLC (...)

5 Oct 2020 B

The EU General Court provides useful jurisdictional clarifications for deals involving joint ventures acting as an acquirer (Heidelberg Cement / Schwenk Zement)

Pierre Bichet • October 2020

Jurisdictional issues in deals involving joint ventures – Review of the General Court judgment in Heidelberg Cement and Schwenk Zement (T-380/17)* The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) (...)

30 Sep 2020 B

The Spanish Competition Authority clears, with remedies and monitoring, acquisition of a white cement business (ÇIMSA / CEMEX)

Spanish Competition Authority • September 2020

The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

30 Sep 2020 B

The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya • September 2020

According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in the (...)

29 Sep 2020 C

EU New Competition Tool : A paradigm shift in competition rules for the digital economy and beyond ?

Alastair Chapman, Marieke Scholz, John Davies, Timothy Lamb

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Freshfields and Compass Lexecon, with Marieke Scholz (Deputy Head of Unit - Antitrust case support and policy, DG COMP), Timothy Lamb (Director - Competition & Regulatory, Facebook), Alastair Chapman (...)

22 Sep 2020 B

The Romanian Competition Authority approves a transaction through which two banks become shareholders in a provider of integrated cash management services already owned by third competing bank, subject to conditions (BRD / Raiffeisen / CIT One / Banca Comercială Română)

Romanian Competition Authority • September 2020

The Competition Council Approved the Transaction Through Which BRD and Raiffeisen Enter CIT One Shareholders* The Competition Council approved the transaction through which BRD - Groupe Société Générale SA (BRD) and Raiffeisen Bank SA enter the shareholding of CIT One SRL, together with Banca (...)

22 Sep 2020 B

The Hellenic Competition Authority examines the extension of commitments to address competition concerns in the market of fresh cow milk (Delta / Mevgal)

Hellenic Competition Authority • September 2020

Press Release - Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA"* Subject: Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA" so as to address competition concerns according to 650/2017 Decision of HCC in the market of fresh cow milk. (...)

21 Sep 2020 B

The French Competition Authority clears, subject to conditions, the acquisition of a public development bank (Caisse des Dépôts et Consignations / Société de Financement Local)

French Competition Authority • September 2020

The Autorité clears, subject to conditions, the acquisition of Société de Financement Local by Caisse des Dépôts et Consignations* On 24 July 2020, the Caisse des Dépôts et Consignations (CDC) notified the Autorité de la Concurrence of its plans to acquire Société de Financement Local (SFIL). The (...)

21 sept. 2020 R

Engagements comportementaux : L’Autorité de la concurrence autorise sous conditions l’acquisition d’une banque publique de développement française par une institution financière publique (Société de financement local / Caisse des dépôts et consignations)

David Tayar, Emily Xueref-Poviac • N° 4-2020 • pp. 174-175

Le 18 septembre 2020, l’Autorité de la concurrence (l’“Autorité”) a autorisé sous conditions l’acquisition de la Société de financement local (“SFIL”) par la Caisse des dépôts et consignations (“CDC”). La CDC, qui détenait jusqu’alors 20% du capital de SFIL, a ainsi procédé à l’acquisition de la (...)

3 Sep 2020 B

The US DoJ issues modernized merger remedies manual

US Department of Justice Antitrust Division • September 2020

Justice Department Issues Modernized Merger Remedies Manual* Merger Remedies Manual Reaffirms Antitrust Division’s Commitment to Effective Structural Relief and Reflects Renewed Focus on Enforcing Consent Decree Obligations The Department of Justice issued today the Merger Remedies Manual, (...)

3 Sep 2020 B

The US DoJ issues a revised policy guide to merger remedies

Daniel P. Culley, Bruce Hoffman • September 2020

On September 3, 2020, the Antitrust Division of the DOJ issued a revised Policy Guide to Merger Remedies, following shortly after it announced a reorganization of its civil enforcement to create an Office of Decree Enforcement and Compliance. The Policy Guide to Merger Remedies largely (...)

3 Sep 2020 B

The US DoJ releases a merger remedies manual

Leo Caseria, Robert L. Magielnicki, Malika Levarlet • September 2020

DOJ Antitrust Division Releases New Merger Remedies Manual* On September 3, 2020, the DOJ’s Antitrust Division released its Merger Remedies Manual. The manual provides important guidance on what DOJ considers to be adequate solutions to addressing competitive issues in M&A deals challenged (...)

3 Sep 2020 B

The US DoJ issues its merger remedies manual which provides the framework the DoJ will utilise in implementing relief in mergers reviewed by its attorneys and economists

Steven C. Sunshine, Maria Raptis • September 2020

On September 3, 2020, the Department of Justice’s Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its (...)

3 Sep 2020 B

The US DoJ releases a merger remedies manual

Kenneth B. Schwartz, Karen M. Lent • September 2020

On Sept. 3, the Antitrust Division of the Department of Justice (DOJ) released the Merger Remedies Manual (the manual), which provides guidance on how the agency currently intends to approach the structure and implementation of remedies in merger cases. See Antitrust Div., U. S. Department of (...)

1 Sep 2020 R

Antitrust and restrictions on privacy in the digital economy

Nicholas Economides, Ioannis Lianos • N° 3-2020

We present a model of a market failure based on a requirement provision by digital platforms in the acquisition of personal information from users of other products/services. We establish the economic harm from the market failure and the requirement using traditional antitrust methodology. (...)

28 Aug 2020 B

The Russian Competition Authority approves the conclusion of a joint venture agreement between a producer of heated tobacco and a producer of devices for their consumption (Philip Morris / KT&G)

Russian Competition Authority • August 2020

The FAS Approved Trasaction In The Market Of Innovative Nicotine-containing Products* FAS approved conclusion of a joint venture agreement between Philip Morris products S.A. and Korean company KT&G Corporation The agreement concerns the joint sale of innovative nicotine-containing (...)

27 Aug 2020 B

The Austrian Competition Authority approves a brewery merger subject to conditions (Fohrenburg / Brau Union)

Katharina Bongs • August 2020

On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

25 Aug 2020 B

The US FTC requires divestitures as condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)

US Federal Trade Commission • August 2020

FTC Requires Divestitures as Condition of Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade (...)

25 Aug 2020 B

The Romanian Competition Authority fines pharmaceutical company for non-compliance with some of its commitments assumed during the investigation regarding possible abuse of dominant position (GlaxoSmithKline)

Romanian Competition Authority • August 2020

The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

14 Aug 2020 B

The US DoJ reaches settlement with new stricter conditions and fine for telecom company’s merger after finding violations of the original conditions (CenturyLink / Level 3 Communications)

US Department of Justice Antitrust Division • August 2020

Justice Department Brings Enforcement Action Against Centurylink* In Significant Action, CenturyLink Agrees to Extend Term, Appoint Independent Monitor, and Reimburse Taxpayers for the Costs and Fees of the Violations The Department of Justice announced today that CenturyLink, Inc. has agreed (...)

12 Aug 2020 B

The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)

Romanian Competition Authority • August 2020

The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

12 Aug 2020 B

The Hong Kong Competition Authority opens public consultations on commitments offered by 4 container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)

Hong Kong Competition Authority • August 2020

Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today commenced a consultation on proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by the Hong Kong Seaport Alliance (...)

11 Aug 2020 B

The Israeli Competition Authority files an indictment against major film distributor and cinema company for breach of merger conditions committed under aggravating circumstances (Mooki Greidinger / Forum Film)

Israel Competition Authority • August 2020

The Competition Authority has filed an indictment against Mooki Greidinger and Forum Film Ltd. for breach of merger conditions committed under aggravating circumstances* According to the Indictment, the defendants have systematically refused to supply movies to Lev Tel Aviv Cinema, a (...)

6 Aug 2020 B

The Icelandic Competition Authority fines telecom for commitment violations in the sale of English football on its linear pay-TV service (Síminn)

Icelandic Competition Authority • August 2020

The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

31 Jul 2020 B

The EU Commission conditionally clears a merger between global companies active in the rail transportation and signalling following a Phase I investigation (Alstom / Bombardier)

Catherine Gordley • July 2020

On 31 July 2020, the European Commission (the “Commission”) announced its conditional clearance of Alstom’s acquisition of Bombardier Transportation. Both the target, a German subsidiary of Canadian Bombardier Inc., and the French acquirer, Alstom, are global companies active in rail (...)

22 Jul 2020 B

The Israel Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)

Israel Competition Authority • July 2020

The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

17 Jul 2020 B

The Spanish Competition Authority agrees to extend for 3 years the remedies agreed as part of the pay-TV merger authorisation in 2015 (Telefónica / DTS)

Spanish Competition Authority • July 2020

The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

15 Jul 2020 B

The Lithuanian Competition Authority fines national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)

Lithuanian Competition Authority • July 2020

Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

14 Jul 2020 B

The EU Commission invites comments on pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)

European Commission • July 2020

Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

9 juil. 2020 R

Contrôle exclusif : Le Conseil d’État rejette une nouvelle demande de référé suspension d’une décision de l’Autorité en estimant que la prise de contrôle exclusif ne constitue pas une opération de concentration sur l’île de Mayotte (Vindémia / Bernard Hayot)

Alain Ronzano • N° 4-2020

Le 9 juillet 2020, le juge des référés du Conseil d’État a rendu une ordonnance aux termes de laquelle il rejette la demande de référé suspension introduite par la Confédération des petites et moyennes entreprises (CPME) Mayotte de la décision n° 20-DCC-072 du 26 mai 2020, l’Autorité de la concurrence a (...)

8 Jul 2020 B

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)

Irish Competition Authority • July 2020

Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

3 Jul 2020 B

The EU Commission approves €250 million Latvian measure to recapitalise national airline company in the context of the COVID-19 outbreak (airBaltic)

European Commission • July 2020

State aid: Commission approves €250 million Latvian measure to recapitalise airBaltic* The European Commission has approved a €250 million Latvian measure to recapitalise airBaltic in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework. (...)

1 Jul 2020 B

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)

Japanese Competition Authority • July 2020

JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

17 Jun 2020 B

The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s Internal Market

Christina Renner, Izzet Sinan • June 2020

The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

17 juin 2020 R

Contrôle exclusif : Le Conseil d’État rejette une demande de référé suspension de trois décisions concernant une prise de contrôle exclusif en estimant que la condition d’urgence n’était pas remplie (Vindémia / Bernard Hayot)

Alain Ronzano • N° 3-2020

Le 17 juin 2020, le juge des référés du Conseil d’État a rendu une ordonnance aux termes de laquelle il rejette la demande de référé suspension introduite par plusieurs acteurs de la distribution alimentaire à La Réunion de trois décisions — non encore publiées — concernant la prise de contrôle exclusif, (...)

17 Jun 2020 B

The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies

Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor • June 2020

The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

17 Jun 2020 B

The EU Commission proposes to grant new enforcement powers to address competition distortions caused by companies benefiting from subsidies from third-country governments

Christina Renner, Izzet Sinan • June 2020

The European Commission has published a White Paper proposing to grant the Commission new enforcement powers to address competition distortions caused by companies operating in, or entering into, the European Union’s Internal Market, which benefit from subsidies from third-country governments. (...)

17 Jun 2020 B

The EU Commission adopts a white paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU

Alec J. Burnside, Adam Kidane, Clemens York von Wartenburg • June 2020

Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of anti-trust/merger (...)

16 Jun 2020 B

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms as to the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools

Gönenç Gürkaynak • June 2020

After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National Assembly of (...)

11 Jun 2020 B

The US FTC approves final order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)

US Federal Trade Commission • June 2020

FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Safariland, (...)

8 Jun 2020 B

The OECD holds a roundtable on lines of business restrictions as a solution to competition concerns

OECD • June 2020

Line of business restrictions are restrictions that limit the kind of activities that the operator of a facility can undertake. These restrictions can be structural in the sense that they prohibit a firm from engaging in a line of business, as set out in the OECD Recommendation on Structural (...)

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