Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more
5/29/2025
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Goods or Services ,
Manufacturers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Suppliers ,
Supply Chain
2024 was a significant year for merger enforcement worldwide. In the United States, the Biden administration continued the aggressive approach reflected in the revamped Merger Guidelines issued in December 2023. In Europe,...more
The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more
The Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more
8/15/2023
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
EU Merger Directive ,
European Commission ,
European Court of Justice (ECJ) ,
Horizontal Mergers ,
Judicial Review ,
Merger Controls ,
UK
In Short -
The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more
The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related...more
Background -
The Treaty on the Functioning of the European Union ("TFEU") prohibits Member States from selectively granting public financial support to businesses that distorts competition and affects trade among Member...more
The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more
8/12/2021
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Trade ,
Most-Favored Nations ,
Safe Harbors ,
Sales & Distribution Agreements ,
Supply Chain ,
V-BER (Vertical Block Exemption Regulation)
New law regulates commercial dealings between suppliers and comparatively larger buyers of food and agricultural products.
Germany passed a new law, Agrarorganisationen-und-Lieferketten-Gesetz ("AgrarOLkG"), the...more
In the fourth installment in our series of programs on the private enforcement of competition law in European jurisdictions, Jones Day partners Mario Todino and Lamberto Schiona discuss how private enforcement has evolved in...more
The Development: The EU General Court annulled the European Commission's decision in the Apple case, holding that the Commission did not prove that the Irish tax rulings in question gave rise to a selective advantage under EU...more
7/21/2020
/ Apple ,
BEPS ,
Corporate Taxes ,
EU ,
European Commission ,
Fiat ,
Government Investigations ,
Member State ,
OECD ,
Popular ,
Starbucks ,
State Aid ,
Transfer Pricing ,
Treaty on the Functioning of the European Union (TFEU)
The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company.
In a rare judgment, the...more
In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more
10/23/2019
/ Administrative Review ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
Exclusive Jurisdiction ,
Italy ,
Judicial Review
The Situation: The EU General Court annulled the European Commission's ("Commission") decision that Fondo Interbancario's support payment to financially distressed Banca Tercas breached EU State aid rules. Fondo Interbancario...more
This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide.
Over the past few years,...more
8/15/2018
/ Acquisitions ,
Canada ,
China ,
Competition Authorities ,
Corporate Counsel ,
Cross-Border ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Hart-Scott-Rodino Act ,
Italy ,
Merger Controls ,
Mergers ,
MOFCOM ,
Size of Transaction Test ,
Threshold Requirements ,
UK
The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more
2/22/2018
/ Competition ,
Competition Authorities ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Court of Justice (ECJ) ,
Exclusivity Clauses ,
Foreclosure ,
Italy ,
Rebates ,
Retailers ,
Treaty on the Functioning of the European Union (TFEU)
The Background: The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules.
The Issue: The Commission will investigate whether the UK's so-called Group...more
12/13/2017
/ Anti Tax Avoidance Directive (ATAD) ,
BEPS ,
Controlled Foreign Corporations ,
Economic and Financial Affairs Council (ECOFIN) ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
International Tax Issues ,
Multinationals ,
Parent Corporation ,
State Aid ,
UK
This is the latest Jones Day Global Merger Control Update, which discusses recent developments in current merger regimes, as well as the emergence of new merger control regimes worldwide.
Over the past few years, merger...more
12/6/2017
/ Anti-Monopoly ,
Antitrust Provisions ,
Argentina ,
Competition Authorities ,
Corporate Governance ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Corporations ,
Italy ,
Merger Controls ,
South Africa ,
South Korea ,
Tanzania ,
Threshold Requirements
The Background: On August 2, 2017, the Italian Parliament approved the Law on Market and Competition, which provided a new set of pre-merger filing thresholds. After publication of the law in the Official Gazette on August...more
The Situation: The Italian Competition Authority has closed an antitrust investigation into the alleged anticompetitive exchange of information by 16 operators in the long-term car rental market and their industry...more