A February 4 conference on competition policy and the Green Deal sponsored by the European Commission’s (the Commission’s) Directorate-General for Competition (DG COMP) highlighted the divergences of opinions among antitrust officials and other stakeholders on how competition policy should support sustainability objectives.  DG COMP aims to take a leading role on sustainability issues; its October-November…

Despite the pandemic, 2020 has been a very busy year for the Federal Cartel Office (“FCO”) and courts in the field of competition law in Germany.  The following is merely a selection of interesting developments.  It does not include the recently adopted reform of the Competition Act, which merits its own blog. Generally, the FCO…

The new competition law 27,442 enacted in Argentina in 2018 paved the way to a refreshed model of competition law in Argentina. The new law promised to create an independent National Competition Authority and the implementation of a suspensory merger control regime, among others. However, the recent change in government and the irruption of the…

Spotlight on Europe’s ‘strategic autonomy’ The calls for Europe’s ‘strategic autonomy’ or ‘strategic sovereignty’ have been gaining increasing traction in Brussels policy circles over the past few years. With its origins in the fields of defence and security, the idea of Europe’s autonomy has started to resonate beyond these areas, extending to foreign and economic…

On 13 October 2020, the European Commission (EC) published a call for contributions to gather ideas on how EU competition rules (State aid, antitrust, and merger control) and sustainability policies can best work together. The aim is to gather the widest set of views possible to determine how the competition rules should be amended (if…

Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in the Draft Guidelines is the proposal to take into account in the competition law assessment of environmental…

By Paula Riedel, Thomas Wilson, Athina Van Melkebeke (Kirkland & Ellis)/12 June 2020 In May 2016, the European Commission (“Commission”) blocked CK Hutchison’s (“Hutchison”) £10.25 billion acquisition of Telefónica UK (“O2”).[1] The Commission had previously cleared a series of “4-to-3” telecoms mergers across Europe, subject to increasingly far-reaching remedies.[2] Specific features of the UK mobile…

Most competition authorities have a preference for structural remedies in merger cases in the form of divestitures while behavioural remedies are used less frequently. The below blog post analyses whether the historical bias of behavioural remedies is still warranted or whether it is time that authorities take a more flexible and differentiated approach when considering…

The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified? Charles Tingley and Mark Katz On October 17, 2019, the Canadian Competition Tribunal dismissed an application by the Commissioner of Competition alleging that the Vancouver Airport Authority (VAA) had abused a dominant position in the market for in-flight catering services at…