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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 EUVotre recherche donne 262 résultats Contrôle (notion)
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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 (...)
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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)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 (...) -
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The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)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 (...) -
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The EU Court of Justice declares that financial investors are liable for anti-competitive conduct of portfolio companies (Goldman Sachs)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 (...) -
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The EU Court of Justice confirms the scope of liability for investors in companies involved in cartels (Goldman Sachs)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, (...) -
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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)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 (...) -
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The EU Court of Justice confirms the rebuttable presumption of decisive influence for parent companies controlling 100% of voting rights in subsidiary (Goldman Sachs)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 (...) -
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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)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 (...) -
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The Czech Competition Authority imposes fine for gun-jumping on mobility company (Skyport / CSG)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 (...) -
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Foreign investment: An overview of EU and national case lawThis 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 (...) -
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De facto control in EU merger control lawThe 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 (...) -
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The Romanian Competition Authority analyses the competitive impact of legislation requiring accounting and medical services firms to be owned or managed only by field professionalsThe 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 / (...) -
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The US FTC starts accepting stakeholder comments for upcoming virtual consultations on proposed amendments to HSR rulesFTC 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 (...) -
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Minority shareholdings: an overview of EU and national case lawMinority 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 (...) -
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The Russian Competition Authority clarifies the approach to review the assets of financial organizationsThe 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 (...) -
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The UK Government prohibits acquisition of a UK supplier of military aircraft components on national security grounds (Gardner Aerospace / Impcross)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 (...) -
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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)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. (...) -
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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)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 (...) -
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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)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 (...) -
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The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligationDue 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 (...) -
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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 MarketThe 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 (...) -
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The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidiesThe 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 (...) -
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The EU Commission proposes to grant new enforcement powers to address competition distortions caused by companies benefiting from subsidies from third-country governmentsThe 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. (...) -
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The EU Commission adopts a white paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EUBackground 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 (...) -
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Webinar #9 Foreign Direct Investment in Europe: What’s around the corner? Legal insight and EU Commission perspectiveWebinar 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, (...) -
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The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergersFrom 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 (...) -
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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 finesTwo 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 (...) -
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The German Government adopts an amendment to act against restraints of competition to mitigate the consequences of COVID-19 pandemic on competition law enforcementOn 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 (...) -
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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 outbreakA 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 (...) -
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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 capacitiesOn 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 (...) -
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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 providerCalifornia 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 (...) -
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The EU General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / easyJet)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 (...) -
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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)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 (...) -
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Mergers & COVID-19: The impact on EU and national merger controlWhile 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 (...) -
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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)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 (...) -
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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 outbreakLike 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 (...) -
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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 transactionAn 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 (...) -
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The Vietnam Government passes a decree guiding the implementation of a few provisions under the competition lawOver 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 (...) -
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The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19The 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 (...) -
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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 outbreakI. 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 (...) -
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The Czech Competition Authority authorises a merger between two companies operating in the residential and commercial property rentals (Heimstaden / Residomo)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 (...) -
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The US FTC announces its annual update on the HRS for premerger notification filings and interlocking directoratesFTC 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, (...) -
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The Chinese State Administration for Market Regulation releases a draft with proposed amendments to the Chinese Anti-Monopoly LawCHINA 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 (...) -
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The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly LawOn 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 (...) -
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The Chinese Competition Authority launches a public consultation on proposed amendments to China’s Anti-Monopoly LawOn 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. (...) -
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The Chinese Competition Authority publishes a draft amended Anti-Monopoly Law for public commentsFor 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 (...) -
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The Chinese State Administration for Market Regulation releases its draft amendment to the Anti-Monopoly ActPotential 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 (...) -
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The Dutch Highest Administrative Court issues its final judgement in the flour cartel case (Flour Cartel)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 (...) -
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The Interaction Between Competition Law and Corporate Governance. Opening the ‘Black Box’, Florence THÉPOTThis 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 (...) -
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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)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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