Regulation 2019/452 (as amended, the FDI Regulation) inserted the European Commission (the Commission) into a hitherto jealously guarded area of EU Member State authority – screening of foreign direct investment (FDI) for threats to security and public order. The FDI Regulation set out minimum requirements for Member States’ FDI screening mechanisms and a mechanism for…
The Indian antitrust landscape has recently shifted its focus to the regulation of digital markets. To achieve this end, substantial changes to the country’s merger control mechanisms were proposed in the Competition (Amendment) Bill, 2020 (the Amendment/the Bill). One of the central purposes of these amendments is to prospectively analyse mergers and acquisitions that may…
2021: Less case law, more legislation While the year 2021 was a rather unspectacular year regarding relevant new case law, the legislative made sure it provided for quite noteworthy developments in competition law nonetheless. The Swiss Competition Commission (“ComCo“) and especially the courts produced relatively few leading decisions in 2021, with still a lot of…
The year of 2021 was very dynamic for China’s competition law. It was marked by the adoption of the new competition legislation, accelerating antitrust enforcement in the digital economy, breaking new records in terms of fines and merger prohibitions, re-organization of the competition authority, and promotion of stronger antitrust compliance programs. Anti-monopoly legislation and…
In early December 2021, Advocate General Rantos delivered his Opinion in a request for a preliminary ruling referred by an Italian court (Case C-377/20). Although AG Rantos’ Opinion is not yet available in English, this will be a case to watch. Indeed, AG Rantos’ Opinion has already generated interest not only because the underlying conduct…
Dissonant antimonopoly tendencies in 2021 In 2021, the tendencies in the antitrust area have emerged remarkably in Russia. On the one hand, there were highly awaited developments such as the Plenum of the Supreme Court. It is difficult to assess the importance of this document since it was extremely necessary for the regulation of antimonopoly…
Like last year, we will end 2021 with a series on the main developments in Competition Law and Policy. In the coming weeks, our contributors will update you on the 2021 developments in key jurisdictions – with many old and quite some new faces. In 2021, we had a steady growth of new readers. Thank…
Since the use of digital platforms within daily life and the context of work is on the rise, the competition authorities are focusing more and more on the competitive issues and market failures in digital markets. With the rapid growth of digital markets, each and every day competition regulations confront with grey areas where national…
Background Another day, another ground-breaking change in Spain’s FDI rules. November 2021 has been an eventful month for FDI in Spain. The following two developments are likely to be consequential in the evolution of the country’s policy as regards foreign investments: (i) More than a year after the establishment of the Spanish 2020 FDI ex-ante…
On 18 November 2021, the China competition authority State Administration for Market Regulation (“SAMR”) released the decision that the acquisition of Illinois Tool Works Inc. (”ITW“) over MTS Systems Corporation (“MTS”) is conditionally approved (the “Decision”) [1]. It is the third merger case cleared with remedies by the SAMR in 2021. But what is eye-catching…
