On 8 November 2016, the French Competition Authority (FCA) fined French-based Altice group and its telecommunications subsidiary SFR 80 million euros for the coordination of their commercial behaviour in the period between the acceptance of Altice’s purchase offer of SFR and the FCA’s merger clearance decision. This is the highest fine ever imposed by a…

On 21 September 2016, the German Government has introduced a formal legislative proposal (Gesetzesvorschlag – “Government Proposal”) for the reform of the Act against Restraint of Competition (“ARC”; 9th amendment) which builds on the draft proposal (Referentenentwurf – “Ministerial Draft”) of the Federal Ministry of Economics.  It still includes the proposed extension of German merger…

  Given the very low notification thresholds in Ukraine, which caught even foreign-to-foreign transactions that in the majority of cases raised no antitrust concerns and did not have local nexus, a number of parties skipped local notification and breached the law. In some cases the agency has pursed companies for failure to notify, and these…

The EU Commission recently launched a consultation on ‘procedural and jurisdictional aspects of EU Merger Control’ (the Consultation), which most notably proposes the introduction of a deal-size threshold in the EU Merger Regulation (EUMR) to capture significant acquisitions where the target does not meet the current turnover-based thresholds.  The Consultation follows a number of comments…

“Hope Smiles from the threshold of the year to come, Whispering ‘it will be happier’…” Introduction This quote from Alfred, Lord Tennyson might – I sincerely hope after recent events – be applicable to life generally in Brussels in 2017. But not so – I fear – in the world of EU merger control. It…

Introduction The Jersey Competition Regulatory Authority (the JCRA) has published its recommendations for proposed changes to the island’s merger control regime. Similar recommendations have also been published by the Guernsey Competition and Regulatory Authority (the GCRA) – which, with the JCRA, operates under the combined banner of the Channel Islands Competition & Regulatory Authorities or…

On August 19, 2016 the new Merger Regulation was adopted in Ukraine. This step is the next improvement after increasing notification thresholds aimed at improving merger control regime effectiveness in Ukraine. The key novelties of the new Merger Regulation include: introduction of requirements to applications within the simplified procedure adopted in May 2016; introduction of…

Following the Commission decision in the GE/Alstom case, members of the Chief Economist Team have, on a number of occasions, publicly commented on the bidding analysis undertaken in this case. During these interventions, they have signalled that the analysis undertaken in GE/Alstom represents an important framework for the future competitive assessment of mergers involving bidding…

In June 2015, China pushed through a relatively bold liberalization of drug prices, moving from a regime where the government decides the prices or price ranges of the most commonly used drugs to a regime where the prices of most drugs are determined by market forces. Already then, the National Development and Reform Commission (NDRC)…

HERE IS AN ARTICLE BY MY COLLEAGUES ANITA BANICEVIC AND JOHN BODRUG ON A RECENT CASE IN WHICH THE CANADIAN AND U.S. AUTHORITIES REACHED DIFFERENT CONCLUSIONS ON A MERGER BECAUSE OF THE COUNTRIES’ DIFFERENT LEGAL STANDARDS On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation…