On 18 May 2017, the Belgian Parliament transposed the EU Damages Directive (the “Directive“) into national law by way of the Act on Damage Claims for Breaches of Competition Law (the “Act“), which was published on 12 June 2017 in the Belgian Official Gazette and came into force on 22 June 2017. The Act inserts…

Complex transactions are subject to an increased level of antitrust scrutiny by competition authorities. This often results in extended waiting periods between signing and closing – it can nowadays be one year or even longer before the parties are able to implement the deal. For the acquiring company it is often important to start planning…

After almost a decade of active enforcement, the Competition Commission of India (CCI) on June 14, 2017 came out with its first ever decision finding an enterprise to be indulging in Resale Price Maintenance (RPM).1)F/X Enterprise and Hyundai (Case No. 36 of 2014) with St. Antony’s Cars and Hyundai (Case No. 82 of 2014) http://www.cci.gov.in/sites/default/files/36%20and%2082%20of%202014.pdf…

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is clear that the Commission has largely been true to its stated enforcement priorities. However, the recent announcement of an…

On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, „FCO“) has published guidelines on remedies in German merger control, also available in an English translation, link here. The very detailed guidelines (87 pages) provide a comprehensive and helpful overview and summary of the FCO’s standing remedies practice, as well as of related jurisprudence. The timing…

The Hong Kong Court of First Instance rejected a claim that it had jurisdiction to determine whether a trade association violated the Competition Ordinance. The court reasoned that determination of a breach of the Competition Ordinance was reserved for the Competition Tribunal. In the absence of a right of standalone private action under Hong Kong…

Summary New German threshold for high value but no/low German sales transactions to enter into force: Imminent changes to merger control will widen jurisdiction to catch (i) high value transactions worth over EUR 400 million with (ii) target substantial German activity even where (iii) the deal would previously not have been notifiable because the target’s…

Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time).   The executive was also barred from acting as a company director for five years, while the company involved was fined…

On the 10th of July 2015, the CCI fined four public sector insurance companies (National Insurance Company Ltd., New India Assurance Co. Ltd., Oriental Insurance Co. Ltd., and United India Insurance Co. Ltd.) for bid-rigging This fine arose in the context of the selection of an insurance provider with respect to the implementation of the…

The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has increased significantly in recent years, from a few hundred to several hundred thousand, in particular in Phase I or Phase II cases that raise substantial issues. If the document request is issued during the formal proceedings, the documents…