In July, we outlined the new Government’s Competition and Consumer Law policy initiatives (click here). The Government has now moved forward with one of these initiatives, publishing for consultation a draft bill and related explanatory materials (click here), seeking very substantial increases to the maximum penalties for breaches of the Competition and Consumer Act 2010…

The Competition (Amendment) Bill (‘Bill’) was first published for public consultation in February 2020 and it is only on 5 August 2022 that it has finally been tabled before the Indian Parliament. The Bill is a concerted effort to harmonize competition law with the evolving realities of businesses today. The Bill proposes to amend both…

In European competition law, both Article 101 and 102 TFEU inquiries require a contextual approach to the dispute at hand. Since enforcers must consider any agreement or business activity within the economic, legal, and factual context of which it forms part, regulatory regimes become important guideposts for any competition analysis. This point has been emphasized…

On 29 June 2022, Ireland enacted major reforms to its Competition Act.  These changes will impact on all sectors across the Irish economy, with potential target industries such as Life Sciences, Energy, Technology and Consumer Goods facing increased scrutiny – particularly as Ireland is a key HQ location for EMEA operations.  While the reforms belatedly…

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

On 1 June 2022, the Austrian Federal Competition Authority (‘FCA’) published its draft Sustainability Guidelines (‘Guidelines’) to provide guidance for assessing ecological/environmental sustainability agreements under the new sustainability exemption recently introduced in Austrian antitrust law (§ 2 para 1 of the Austrian Cartel Act).   Background The new sustainability exemption was introduced by the Austrian…

In February 2022, Canada’s Minister of Innovation, Science and Economic Development announced that the Canadian government was evaluating ways to improve the operation of Canada’s Competition Act (Act). The Minister said that changes would be made in multiple stages, with some initial amendments to be proposed in the following months that would have “an immediate…

On 20 April 2022, following a lengthy consultation, the UK government announced final plans to strengthen its merger and antitrust regime. Designed to address a concern that competition in the UK may have weakened over the past 20 years, the plans are wide-ranging. They include proposals to expand the powers of the UK Competition and…

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…

In the traditional spirit of resolving to do better in the new year, there is some low-hanging fruit for the EU Member States who have not finalized their national implementation of the EU Whistleblowing Directive: Cover national competition law as one of the protected areas. The Directive itself (Directive (EU) 2019/1937 of the European Parliament…