On 16 July 2018, the EU Commission (EC) adopted its “Code of Best Practices for the conduct of State aid control procedure” (Best Practices). The Code replaces the Notice on a Code of Best Practices adopted in 2009 (2009 Code) and integrates the Simplified Procedure Notice of 2009. Over recent years, the EC has implemented…
As parents we tell our children that “sharing is caring” and “never be afraid to ask for help”. Although these are generally virtuous notions and good lessons to live by, they could easily get businesses into serious trouble with competition authorities. And even get you fined heavily or put in prison. Most businesses know very…
The products and services surrounding mobile phones (e.g. mobile apps, browsers, search engines) have already proved to be a separate marketing tool for undertakings. This has triggered and created new challenges for competition law enforcement. Indeed, the competition authorities have had to deal with defining new relevant product markets and evaluating their market dynamics. In…
The EU General Court recently upheld an infringement decision of the EU Commission (EC), in which the investment bank Goldman Sachs (GS) was found jointly and severally liable for violating Article 101 TFEU as a result of indirectly owning / holding a stake in Prysmian, a company who participated in cartel activities relating to high…
Gun-jumping relates to the premature implementation of a transaction prior to obtaining clearance from the relevant competition authorities. It is currently a “hot topic” as enforcement levels across the globe have increased significantly in recent years. In April 2018, the European Commission (EC) imposed a gun-jumping fine of €124.5 million on the multinational cable and…
On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price fixing (see the Shenzhen Tally decisions here). Although the case is local and the decisions are short, the decisions have the potential…
On 19 July 2018 the Bulgarian Commission for Protection of Competition (“BCPC”) refused to approve two separate concentrations – the acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s., Czech Republic) by Inercom EAD (Bulgaria) and the acquisition of Nova Broadcasting Group AD by PPF TMT (the Netherlands). Both…
Introduction Blockchain (aka distributed ledger) technology is inherently neither pro- nor anticompetitive.[1] It however does have the potential to be both. Given the significance of this emerging technology, the competition law impacts of blockchain are worthy of exploration. Trust, or rather its absence, constitutes a driving force behind blockchain technology. It is a decentralized, more…
On 12 July, the UK Government published a White Paper setting out its proposal for a future UK-EU relationship, following Brexit. The type of UK-EU relationship which this envisages is unprecedented, reflecting from the UK’s perspective, the UK’s unique circumstances as a current EU Member State in full regulatory compliance with EU rules, and a…
Today’s decision imposes a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on this scale sends the wrong message. This post argues there is no obvious foreclosure, explains why Microsoft/WMP is an inadequate precedent (though Microsoft/Skype, in contrast, is directly on point), and asks whether…
