The Australian Government has released the Exposure Draft legislation and Explanatory Materials for an anticipated suite of reforms to unfair contract terms (UCT) laws found in the Australian Consumer Law (ACL) and Australian Securities and Investments Commission Act 2001 (ASIC Act). Treasury is now considering feedback on the exposure draft with a view to the…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   World Competition’s Editor, José Rivas, Interviews Mr Andreas Schwab, Rapporteur of the Digital Markets Act in the European Parliament See also this recent post on Kluwer Competition Law Blog: Digital Markets Act: Interview…

On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, one of the most important cases in private enforcement of competition law of the last years. For those of you that are new to the case, the facts are as follows. On 24 October 2019, the Audiencia…

In April 2018, the European Commission (“EC”) imposed two fines on the multinational cable and telecoms company Altice (“acquirer”) in relation to its acquisition of PT Portugal (“target”), a telecommunications and multimedia operator.[1] The EC held that the acquirer both failed to notify the concentration prior to implementation under Article 4 of the EU Merger…

On 2 September 2021, the Court of Justice (C-57/19 P) overturned the Judgment of the General Court of 15 November 2018 in the case Tempus Energy v Commission (T-793/14). In its ruling, the Court of Justice provided extensive guidance on which elements may (not) give rise to “doubts” as to the compatibility of a State…

The Dutch competition authority ACM fined Samsung Electronics Benelux B.V. (“Samsung”) € 39,875,500 for coordinating the retail prices of Samsung television sets together with various retailers. The alleged coordination took place for five years, from January 2013 through December 2018. The ACM only published a summary of the decision dated 14 September 2021 thus far, but…

In January 2021, the latest reform of the German competition law (“ARC”) entered into force, including significant new rules regarding digital platform markets.  These include new powers for the Federal Cartel Office (“FCO”) under Section 19a ARC regarding digital gatekeepers with paramount cross-market significance for competition (for more details on the new norm, see here). A…

On 10 September 2021, certain significant changes to Austria’s competition law entered into force, although some of the merger control related changes will apply only as of 1 January 2022: Merger control. The amendments include a revision of Austria’s revenue-based merger control threshold, the introduction of the significant lessening of competition test, and a broadening…

The newest episode of the competition edition of the International Law Talk Podcast focuses on the revival of the Dutch clause and other current issues of merger control. For this highly topical issue, I interviewed merger control star Tilman Kuhn from White & Case. Earlier this year, the European Commission encouraged Member States to use…

This autumn, European competition authorities are likely to resume dawn raids of companies suspected of competition law infringements.  This will aim to clear a backlog of planned inspections that has built up since the start of the pandemic resulting from organizational difficulties due to COVID-19 travel and social distancing restrictions.  Companies should ensure that their…