Brazil is on the verge of a significant regulatory shift, actively exploring the introduction of ex ante competition regulation designed to address potential harms from digital platforms before they become entrenched. Two initiatives have placed this debate at the forefront of the national policy agenda: Bill No. 2,768/2022 (the Bill) introduced to the Chamber of…
The year 2024 was eventful one for Czech competition law. Below, we provide an overview of the key developments that took place, starting with anticompetitive agreements – a traditional focus of the Czech Competition Authority (CCA). We also cover mergers and the abuse of dominance and then provide a summary of the key policy changes…
Fragmented Merger Control Landscape in Europe People like certainty. That is especially true for M&A dealmaking. Clear thresholds and parameters around regulatory approvals give dealmakers certainty as to what steps need to be taken to get deals over the line. Yet, many EU jurisdictions now permit merger review by way of new call-in powers for…
The DMA celebrates its second year of application. Since its existence, the regulation has brought changes to the digital space but also regulatory unpredictability in terms of legal standards and enforcement strategies. It’s, however, a time to reflect on the DMA’s achievements and there is nothing better to assess that than to look out for…
Competition authorities around the world are closing loopholes and asserting jurisdiction over mergers that have potentially harmful effects but that fall below quantitative merger-control thresholds. Some of the activities that give them cause for concern include anti-competitive effects in local markets, roll-up strategies, killing potential competition, and the stifling of future innovation. Authorities are increasingly…
The European Commission’s study on 20 years of EU antitrust remedies finds that while most remedies in antitrust cases were implemented, less than half achieved their intended effect. EU law currently subordinates structural remedies – such as divestments – to behavioral fixes. The study recommends scrapping this hierarchy, as behavioral remedies in particular often proved…
Time present and time past Are both perhaps present in time future, And time future contained in time past. From T. S. Eliot, Four Quartets Establishing an antitrust infringement can already be an arduous task. Yet, effective antitrust enforcement increasingly requires designing remedies that go above and beyond just prohibiting the infringing behaviour. This…
Acqui-hiring—a fusion of the words acquisition and hiring—refers to the practice of larger companies acquiring start-ups with the primary goal of integrating the employees of the startup to their own workforce. While this phenomenon is becoming increasingly common in the tech sector, it is not limited to it. From a merger control perspective, a particularly…
The UK’s Competition & Markets Authority (CMA) is taking significant steps to evolve its approach to merger control, introducing a new Mergers Charter and launching a review of its merger remedies framework. These initiatives mark a notable shift towards a more flexible and business-friendly regulatory environment, reflecting the government’s broader economic growth agenda. By streamlining…
Introduction In 2016, the Insolvency and Bankruptcy Code (IBC) was introduced, fundamentally changing how distressed businesses in India are restructured and how debt recovery is managed. The IBC has paved the way for significant corporate restructurings, including the high-profile acquisition of Essar Steel by ArcelorMittal and the impending acquisition and revival of Videocon Industries by…
