Résultats de la recherche

3 Feb 2021 B

The UK Government launches a consultation on a new domestic regime for subsidy control following the conclusion of the Trade and Cooperation Agreement with the EU

Marc Freedman, Todor Papanov • February 2021

On 3 February 2021, the UK Government started a consultation process regarding the UK’s future subsidy regime, which will be entirely separate from the existing EU state aid framework. Following the conclusion of the UK-EU Trade and Cooperation Agreement (the “TCA”) and the end of the Brexit (...)

27 Jan 2021 B

The EU Court of Justice confirms that a parent company is jointly liable for the conduct of a former subsidiary involved in a cartel in the high-voltage power cable sector (Goldman Sachs)

Mark D. Powell, Alexandra Rogers, Marc Israel, Genevra Forwood • January 2021

The European Court of Justice (the "ECJ") has confirmed the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the Commission fined for its involvement in the high voltage power cables cartel (...)

27 Jan 2021 B

The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)

Kyriakos Fountoukakos, Daniel Vowden, Agathe Célarié • January 2021

On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)

27 Jan 2021 B

The EU Court of Justice declares that financial investors are liable for anti-competitive conduct of portfolio companies (Goldman Sachs)

Christophe De Vienne, Mélanie Thill-Tayara, Laurence Bary • January 2021

The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even after an IPO that left the investor holding only a minority stake in the company, provided that they still have sufficient (...)

27 Jan 2021 B

The EU Court of Justice confirms the scope of liability for investors in companies involved in cartels (Goldman Sachs)

Donald Slater, Neil Cuninghame • January 2021

On 27 January 2021, the Court of Justice of the European Union ("the Court") upheld the €37.3 million fine imposed on Goldman Sachs as a result of the involvement of portfolio company Prysmian in the power cables cartel. The ruling has held that in the circumstances of this case, Goldman Sachs, (...)

27 Jan 2021 B

The EU Court of Justice broadens the scope of the presumption of decisive influence for parent companies over wrongdoing subsidiaries for a case dealing with a cartel in the submarine power cables industry (Goldman Sachs)

Michele Giannino • January 2021

Under EU competition law, a parent company is liable for the anti-competitive conducts put in place by its subsidiaries on which it has a decisive influence. To establish this factor the European Commission (EC) can rely on a rebuttable legal presumption whereby a parent company that wholly (...)

27 Jan 2021 B

The EU Court of Justice confirms the rebuttable presumption of decisive influence for parent companies controlling 100% of voting rights in subsidiary (Goldman Sachs)

Marc Freedman • January 2021

On 27 January 2021, the Court of Justice dismissed in its entirety an appeal by the Goldman Sachs Group (“Goldman Sachs”) against a General Court judgment upholding a European Commission’s decision finding Goldman Sachs jointly and severally liable for the conduct of its subsidiary, Prysmian SpA (...)

27 Jan 2021 B

The EU Court of Justice confirms that financial investors can be liable where they hold 100% voting rights over an indirect entity that participated in a cartel (Goldman Sachs)

Johan Ysewyn, Kevin Coates, Aidan Forde • January 2021

On 27 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed in Goldman Sachs Group Inc. v European Commission that financial investors can be liable where they hold 100% voting rights over an indirect entity that participated in a cartel, even though the investor does not (...)

29 Dec 2020 B

The Czech Competition Authority imposes fine for gun-jumping on mobility company (Skyport / CSG)

Czech Competition Authority • December 2020

The Office imposed a fine for gun-jumping in the csg/skyport case* The Office for the Protection of Competition (“the Office”) imposed a fine of CZK 4,487,000 on Skyport, a. s. (formerly CSG a.s.) for unapproved implementation of concentration before its clearance by the Office. The decision has (...)

17 Dec 2020 B

Foreign investment: An overview of EU and national case law

Christian Ahlborn, Christoph Barth, David-Julien dos Santos Goncalves • Foreign Investment

This foreword provides an overview of the developments of foreign investment (“FI”) regimes globally during 2020 and, more specifically, highlights the trends over the year in the area of FI. Historically, the European Union (“EU”) has had one of the most open investment regimes in the world and (...)

1 Nov 2020 R

De facto control in EU merger control law

Alexandre Rouhette, Pierre Garenne • N° 4-2020

The Commission’s 2008 Consolidated Jurisdictional Notice addresses the concept of de facto control only superficially. In practice, the notion of de facto control raises many questions. Based on an analysis of the Commission’s decisional practice, this article aims to lay out the analytical grid (...)

20 Oct 2020 B

The Romanian Competition Authority analyses the competitive impact of legislation requiring accounting and medical services firms to be owned or managed only by field professionals

Romanian Competition Authority • October 2020

The Competition Council Analyses the Impact of Accounting and Medical Services Legislation on Competition* The Competition Council conducts a study to analyse the impact of the legislative provisions that oblige the undertakings in the field of accounting and medical services to be owned and / (...)

19 Oct 2020 B

The US FTC starts accepting stakeholder comments for upcoming virtual consultations on proposed amendments to HSR rules

US Federal Trade Commission • October 2020

FTC to Hold Virtual Q&A Sessions in November on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. These one-hour virtual events (...)

1 Oct 2020 B

Minority shareholdings: an overview of EU and national case law

Thomas Wilson, James Parkinson • Minority Shareholdings

Minority shareholdings are a widespread phenomenon in the economy and there are a variety of reasons why firms buy shares in other companies (e.g., diversification, joint R&D or access to new technologies). Most merger control regimes distinguish between controlling and non-controlling (...)

8 Sep 2020 B

The Russian Competition Authority clarifies the approach to review the assets of financial organizations

Russian Competition Authority • September 2020

The FAS Russia clarified approaches to review the assets of financial organizations* On the proposal of the FAS Russia, the Government of the Russian Federation decided that in order to exercise antimonopoly control in the field of economic concentration the assets of credit and microfinance (...)

5 Sep 2020 B

The UK Government prohibits acquisition of a UK supplier of military aircraft components on national security grounds (Gardner Aerospace / Impcross)

Nicholas Levy, Maurits Dolmans, Romano F. Subiotto, Paul Gilbert, Richard Pepper, Paul Stuart, John Messent • September 2020

On 5 September 2020, the UK Government accepted undertakings from Gardner Aerospace Holdings Limited not to proceed with its proposed acquisition of Impcross Limited, a UK-based manufacturer of components for the aerospace industry (including for military aircraft). Gardner is owned by (...)

3 Sep 2020 B

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)

European Court of Justice • September 2020

The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

3 Sep 2020 B

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)

Denis Fosselard, Gabriele Accardo, Giulia Carnazza • September 2020

On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

7 Aug 2020 B

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)

Hellenic Competition Authority • August 2020

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 of (...)

19 Jun 2020 B

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation

Marcin Alberski, Piotr Dynowski • June 2020

Due to the COVID-19 pandemic and the looming economic crisis, Poland is currently adopting legislation, under which transactions involving certain Polish companies and non-EEA investors would be subject to a new clearance obligation. This legislation also temporarily adopts the FDI Screening (...)

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 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 (...)

12 Jun 2020 C

Webinar #9 Foreign Direct Investment in Europe: What’s around the corner? Legal insight and EU Commission perspective

Maria-Raffaella Assetta, Peter D. Camesasca, Horst Henschen

Webinar of the "#NewAntitrust" Webinar Series organised by Concurrences with Maria-Raffaella Assetta (Deputy Head of Unit - Free movement of Capital and application of EU law, DG FISMA), Peter Camesasca (Partner, Covington) and Horst Henschen (Of Counsel, (...)

10 Jun 2020 B

The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergers

Catherine Gordley • June 2020

From 10-12 June 2020, the OECD held its 133rd Meeting of the Competition Committee. This session was devoted to assessing the sufficiency of current merger control frameworks to investigate and – where needed – prohibit mergers that eliminate nascent competition that would other- wise challenge (...)

29 May 2020 B

The German Parliament mitigates the consequences of COVID-19 by adopting a bill and temporarily amending national competition law to extend merger control review periods and suspend interest payments for antitrust fines

Christina Renner, Florian Hinderer, Cécile Manong • May 2020

Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill adopted by the German Parliament to mitigate the consequences of the (...)

29 May 2020 B

The German Government adopts an amendment to act against restraints of competition to mitigate the consequences of COVID-19 pandemic on competition law enforcement

Martin Favart • May 2020

On 28 May 2020, an amendment to the Act against Restraints of Competition which aims at mitigating the consequences of the COVID-19 pandemic on competition law enforcement was published in the Federal Gazette. The amendment adjusts the law with regard to two specific provisions where companies (...)

20 May 2020 B

The German Government tightens national foreign direct investment screening regime to better protect security-relevant businesses in the health sector from non-EEA take-overs in light of COVID-19 outbreak

Axel Spies, Christian Leeder, Michael Masling • May 2020

A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct investment screening going forward. Germany is taking several legislative (...)

20 May 2020 B

The German Government tightens foreign direct investment control in light of COVID-19 following the guidance from the EU Commission on possible increased risk of attempts to acquire healthcare capacities

Eva Monard, Renato Antonini, Dr. Jürgen Beninca, Matt Evans, Nicolas Brice • May 2020

On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. Prompted by the COVID-19 pandemic, the amendment expands the scope of (...)

19 May 2020 B

The Californian Government debates a bill which, if passed, would broaden the type of healthcare transactions that require California AG review and approval prior to any acquisition of or affiliation with a healthcare facility or provider

Mariah Lohse, Michelle Lowery • May 2020

California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice to, and obtain the written (...)

13 May 2020 B

The EU General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / easyJet)

General Court of the European Union • May 2020

The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia* The operators of the Sardinian airports were not the beneficiaries of the aid but merely intermediaries between the Autonomous Region and the (...)

13 May 2020 B

The EU General Court provides guidance on the notion of State aid under EU law following action for annulment brought by airline companies against a decision of the Commission finding an Italian aid to be illegal and incompatible with the internal market (Volotea / Germanwings / EasyJet)

Markus Wellinger • May 2020

On 13 May 2020, the General Court delivered three judgments in Cases T-607/17,T-716/17,T-8/18, concerning Volotea, Germanwings and easyJet, respectively (the “Applicants”). These judgments follow actions for annulment brought by the Applicants against a decision of the Commission finding that (...)

23 Apr 2020 B

Mergers & COVID-19: The impact on EU and national merger control

Neil Cuninghame, Denis Fosselard, Peter Armitage, Nigel Parr, Christopher Eberhardt • Mergers & Covid-19

While some businesses may choose to delay transactions in light of Covid-19, many transactions will clearly continue and some of these will need to be completed with some urgency, in particular in cases of financial distress. Merger control regimes are still in operation, although there have (...)

17 Apr 2020 B

The UK Competition Authority uses the failing firm defence in a merger between a service provider and a food delivery supplier during the COVID-19 pandemic (Amazon / Deliveroo)

Alexi Dimitriou, Neil Cuninghame, Christopher Eberhardt • April 2020

While some businesses may choose to delay transactions in light of Covid-19, many transactions will continue, in particular if the target is in financial distress. In such scenarios, the "failing firm defence" may be an available option for obtaining merger control clearance for transactions (...)

3 Apr 2020 B

The EU Commission and National Competition Authorities implement remote working for the vast majority of their workforces, presenting challenges in merger control during the COVID-19 outbreak

Matthew G. Rose • April 2020

Like most organisations, the European Commission (the "Commission") and national competition authorities ("NCAs") have implemented remote working for the vast majority of their workforces. This presents unique and unprecedented challenges in merger control, one of the regulatory areas with the (...)

24 Mar 2020 B

The Vietnamese Government issues a decree providing guidance on thresholds for merger control notification, the definition of "control" and the approach to reviewing the competitive impact of a transaction

Ngoc Nguyen, Alastair Mordaunt • March 2020

An epidemic and the competition law share little in common but end up in the same place – one attacks fairly and equally; the other attacks unfair inequality. So it was perhaps fitting that on 24 March 2020, in the middle of its fight to control the Coronavirus outbreak, the Vietnamese (...)

24 Mar 2020 B

The Vietnam Government passes a decree guiding the implementation of a few provisions under the competition law

Yee Chung Seck, Le Tuan Minh, Chu Anh Vu • Old articles

Over a year after the passage of the Competition Law, the highly anticipated Decree No. 35/2020/ND-CP on detailed regulations of a few provisions of the Competition Law ("Decree 35") was finally passed by the Vietnam Government on 24 March 2020. Decree 35 will take effect on 15 May 2020. This (...)

18 Mar 2020 B

The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19

Lauro Celidonio Gomes dos Reis Neto, Renata Fonseca Zuccolo Giannella, Amadeu Ribeiro, Marcio Soares, Michelle Marques Machado • March 2020

The Brazilian antitrust authority has implemented measures in line with WHO recommendations against the spread of the COVID-19, and activities are being carried out without major impacts, although deadlines in conduct cases are now suspended and delays in certain matters cannot be altogether (...)

9 Mar 2020 B

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak

Alexis R. B. Lazda, Savannah Haynes, Bruce Hoffman, Richard Pepper, Konstantin Bondarenko, Wanjie Lin, Anita Ng • March 2020

I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in this (...)

12 Feb 2020 B

The Czech Competition Authority authorises a merger between two companies operating in the residential and commercial property rentals (Heimstaden / Residomo)

Jiři Švejda • February 2020

In a simplified procedure, the Office for the Protection of Competition authorised the merger of Heimstaden Bostad AB with RESIDOMO, s.r.o., RESIDOMO Services, s.r.o. and DomTherm, s.r.o. The Swedish group thus gains the opportunity to control the aforementioned companies exclusively. The (...)

28 Jan 2020 B

The US FTC announces its annual update on the HRS for premerger notification filings and interlocking directorates

Ngoc Pham Hulbig, Joel M. Mitnick • January 2020

FTC ANNOUNCES 2020 THRESHOLDS FOR MERGER CONTROL FILINGS UNDER HSR ACT AND INTERLOCKING DIRECTORATES UNDER THE CLAYTON ACT* The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, (...)

2 Jan 2020 B

The Chinese State Administration for Market Regulation releases a draft with proposed amendments to the Chinese Anti-Monopoly Law

Adrian Emch, Rachel Xu, Andrew McGinty, Qing Lyu, Jun Wei • January 2020

CHINA TABLES FIRST SET OF AMENDMENTS TO THE ANTI-MONOPOLY LAW* On 2 January 2020, China’s antitrust authority – the State Administration for Market Regulation (’SAMR’) – released a draft proposing amendments to the main antitrust statute in China, the Anti-Monopoly Law (’AML’), for public (...)

2 Jan 2020 B

The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly Law

Jet Zhisong Deng, Ken Dai • January 2020

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 beginning (...)

2 Jan 2020 B

The Chinese Competition Authority launches a public consultation on proposed amendments to China’s Anti-Monopoly Law

Donghao Cui, Tracy Lu, Alastair Mordaunt, Hazel Yin, Ninette Dodoo • January 2020

On 2 January 2020, China’s State Administration for Market Regulation (the “SAMR”) launched a public consultation on proposed amendments to China’s Anti-Monopoly Law (the “AML”). This signals the dawn of “Version 2.0” of China’s competition law, which has been on China’s legislative agenda since 2015. (...)

2 Jan 2020 B

The Chinese Competition Authority publishes a draft amended Anti-Monopoly Law for public comments

Julia Zhu, Andrew L. Foster • January 2020

For the first time since China’s Anti-Monopoly Law (AML) came into force in 2008, the government is proposing major changes to its centerpiece antitrust legislation. On January 2, 2020, the State Administration for Market Regulation (SAMR) published a draft amended Anti-Monopoly Law for public (...)

2 Jan 2020 B

The Chinese State Administration for Market Regulation releases its draft amendment to the Anti-Monopoly Act

Chai Zhifeng, Zangh Ruohan, Susan Ning, Kate Peng • January 2020

Potential Impacts of the Proposed Anti-monopoly Law Amendments* Since the enforcement of the Anti-Monopoly Law of the People’s Republic of China (“AML”) in 2008, there are many related administrative law enforcement and judicial cases occurred. From 2016 to 2018, according to public information (...)

28 Nov 2019 B

The Dutch Highest Administrative Court issues its final judgement in the flour cartel case (Flour Cartel)

Pauline Kuipers, Piet-Hein Eijssen • November 2019

On 28 November 2019 the highest administrative court in The Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") issued its final judgment in the flour cartel case. CBb has previously on 19 March 2019 issued an interlocutory ruling in this case. The Dutch competition authority (...)

1 Nov 2019 R

The Interaction Between Competition Law and Corporate Governance. Opening the ‘Black Box’, Florence THÉPOT

Francisco Costa Cabral • N° 4-2019 • pp. 235-236

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

6 Sep 2019 B

The French Competition Authority closes the ex officio proceedings to verify the compliance of remedies concerning a merger in the telecom sector (Altice France / SFR)

French Competition Authority • September 2019

Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

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