Antitrust and Competition - Consultation on the European Commission’s Proposal for a Temporary Crisis and Transition Framework - On 1 February 2023, member states of the European Union received a consultation on a draft...more
3/1/2023
/ Antitrust Provisions ,
Aviation Industry ,
Competition ,
Distributors ,
ECON ,
Energy Sector ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
Foreign Subsidies ,
Green Deal ,
Technology Sector
ANTITRUST AND COMPETITION - European Commission Launches a Public Consultation on the Draft Revised Market Definition Notice - On 8 November 2022, the European Commission launched a public consultation aimed at gathering...more
11/28/2022
/ Antitrust Provisions ,
Competition ,
Corporate Social Responsibility ,
Due Diligence ,
Energy Sector ,
EU ,
European Commission ,
Member State ,
Regulatory Oversight ,
State Aid ,
Sustainability
ANTITRUST AND COMPETITION - Commission Adopted the Revised Informal Guidance Notice for Novel or Unresolved Competition Issues - Following a public consultation, the European Commission (Commission) published on 3 October...more
11/4/2022
/ Antitrust Provisions ,
Artificial Intelligence ,
Aviation Industry ,
Competition ,
Corporate Social Responsibility ,
Cryptoassets ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Regulatory Oversight ,
Stablecoins ,
Sustainability
ANTITRUST AND COMPETITION - Significant Changes to the Italian Antitrust Regime - On 5 August 2022, the Italian Parliament adopted law no. 118, which entered into force on 27 August 2022 (2021 Italian Competition Law). The...more
ANTITRUST AND COMPETITION - The European Commission Reviews Its Informal Guidance Notice - On 24 May 2022, the European Commission (Commission) launched a public consultation to gather feedback from interested parties on the...more
7/20/2022
/ Antitrust Provisions ,
Artificial Intelligence ,
Child Abuse ,
Climate Change ,
Competition ,
Cybersecurity ,
Economic Sanctions ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Internet Service Providers (ISPs) ,
Lenders ,
Mergers ,
Online Platforms ,
Treaty on the Functioning of the European Union (TFEU) ,
UCITS ,
Vertical Block Exemption Regulation (VBER)
Key Takeaways - The Court holds the Commission to a high standard in respect to the rights of defense. The Court found that the Commission committed several serious procedural violations, including: (i) failure to keep and...more
ANTITRUST AND COMPETITION - The Commission and the German Competition Authority conducted surprise inspections in Germany for suspected abuse of a dominant position in the natural gas sector....more
5/23/2022
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Digital Currency ,
Digital Marketplace ,
EU ,
Financial Services Industry ,
Germany ,
Green Energy ,
Oil & Gas ,
Online Platforms ,
Personal Data ,
Supply Chain
On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more
ANTITRUST AND COMPETITION - European Commission Blocks a Global Transaction Involving Two Leading South Korean Shipbuilders - On 12 November 2019, a South Korean leading shipbuilder (the Notifying Party) notified to the...more
2/18/2022
/ Acquisitions ,
Climate Change ,
Competition ,
Digital Services ,
Emissions Trading System ,
EU ,
EU Merger Directive ,
European Commission ,
European Parliament ,
Foreign Subsidies ,
FSB ,
Natural Gas ,
Non-Bank Lenders ,
Nuclear Power ,
Personal Data ,
Proposed Regulation ,
Sustainable Finance ,
Taxonomy
European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate...more
On 6 October 2021, the Court of Justice of the European Union (CJEU or the Court) issued a judgment in case C-882/19 following a request for a preliminary ruling by the Court of Appeal of Barcelona (the Referring Court). ...more
ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more
12/20/2021
/ Antitrust Provisions ,
Competition ,
Court of Justice of the European Union (CJEU) ,
Digital Marketplace ,
ECA ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Information Governance ,
Merger Controls ,
Mergers ,
Parent Corporation ,
Subsidiaries ,
Sustainable Finance
ANTITRUST AND COMPETITION - Competition Policy and the Green Deal - In her recent keynote speech, delivered at the 25th IBA Competition Conference on 10 September 2021, European Commission (the Commission) Executive Vice...more
ANTITRUST AND COMPETITION - The French Competition Authority (FCA) Fined a Watchmaker for Obstruction of an Antitrust Investigation - On 9 July 2021, the FCA fined a watchmaker for failing to respond to a request for...more
8/5/2021
/ Antitrust Investigations ,
Competition ,
Cross-Border Transactions ,
Distributors ,
EU ,
French Competition Authority ,
International Data Transfers ,
Internet of Things ,
Internet Retailers ,
Money Market Funds ,
Online Marketplace ,
Pricing ,
Request For Information ,
Resale Pricing ,
Targeted Digital Advertising
ANTITRUST AND COMPETITION - A Subsidiary can be Held Liable for the Harm Caused by the Anticompetitive Conduct of its Parent Company - On 19 July 2016, the European Commission (the Commission) imposed fines on several car...more
6/10/2021
/ Anti-Competitive ,
Antitrust Violations ,
Climate Change ,
Competition ,
Environmental Policies ,
EU ,
Financial Markets ,
Financial Services Industry ,
Foreign Subsidies ,
Green Finance ,
Greenhouse Gas Emissions ,
Investment ,
Liability ,
Popular ,
Public Policy ,
Railways ,
Sustainability ,
Transportation Industry
ANTITRUST AND COMPETITION - The European Commission Opens a New Investigation in the Pharma Sector - On 4 March 2021, the European Commission (Commission) has opened a formal investigation into alleged misuses of patent...more
3/31/2021
/ Automotive Industry ,
Carbon Emissions ,
Competition ,
Data Collection ,
Digital Marketplace ,
Disclosure Requirements ,
EDPS ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Data Protection Board (EDPB) ,
European Supervisory Authorities (ESAs) ,
IFRS ,
Information Governance ,
Investigations ,
IOSCO ,
Motor Vehicles ,
Patent-Misuse ,
Patents ,
Performance Standards ,
Personal Data ,
Pharmaceutical Industry ,
Popular
ANTITRUST AND COMPETITION - The European Commission Accepts Commitments from a Pharma Company to Stop Its Excessive Prices - On 15 May 2017, the European Commission (Commission) announced that it had opened formal proceedings...more
3/12/2021
/ Competition ,
Coronavirus/COVID-19 ,
Digital Marketplace ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Excessive Pricing ,
Pharmaceutical Industry ,
Regulatory Requirements ,
State Aid ,
UK
INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct...more
ANTITRUST AND COMPETITION - The General Court of The EU Squashes the Commission's Inspection Decisions to Raid the French Mass Retail Sector - The European Commission (Commission), if it has reason to suspect a company is...more
ANTITRUST AND COMPETITION - The French Competition Authority Imposes a Record Fine of €444 Million on Three Pharma Companies for Collectively Exploiting Their Dominant Position - On 9 September 2020, the French Competition...more
10/12/2020
/ Capital Markets ,
Competition ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
EU ,
French Competition Authority ,
Internet of Things ,
Mobile Apps ,
Pharmaceutical Industry ,
Smart Devices ,
Vertical Agreement
The events of 2020 have caused many brands to re-evaluate whether they are fully utilizing the internet as a tool to reach out to consumers with many enhancing and upgrading their own brand websites. Some brands are now also...more
ANTITRUST AND COMPETITION - The General Court Of The EU Overturns A Commission Decision To Prohibit A £10.25bn Telecom Takeover In The UK - In 2016, the European Commission (Commission) blocked the proposed acquisition of a...more
Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more
Antitrust and Competition - The Failing Firm Defense in the Face of the COVID-19 Outbreak - As the COVID-19 pandemic causes commercial and financial difficulties, an increasing number of transactions may involve companies in...more
It is increasingly common for brands to track the prices of their products online using electronic price monitoring tools. While the practice itself is unlikely to attract antitrust risk, as we have previously reported, in...more