Commitments, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Merger notification, State aid, State owned enterprise (SOE), Telecommunications, United Arab Emirates

(University of Vienna, Austria) and (University of Antwerp)/ /Leave a comment

On 24 September 2024, the European Commission (EC) issued the long-awaited first decision (under phase II of the concentration tool) of the new Foreign Subsidies Regulation (FSR). It took another long wait of seven months, but a provisional public version of the commitment decision in the e&/PPF transaction (Case FS.100011) was published on 4 April…

Europe, Liability, Litigation, Private enforcement, State aid

(Szecskay Attorneys at Law, Hungary)/ /Leave a comment

Unless you’ve been living under a rock the last decade, you’ll know that private enforcement of antitrust is now big business, spurred on by the Damages Directive and industrious claimant-side law firms. Yet, one key player remains curiously passive in many Member States: the State itself.   While public procurement markets are among the most vulnerable…

European Court of Justice, Limitation Period, Litigation, Private enforcement

(Uría Menéndez)/ /Leave a comment

Limitation periods are a gating item that determines if a claim will go forward. When arguing (and counter arguing) if a competition law damages claim is time-barred, the parties usually focus on the moment the period started running (i.e. the dies a quo) rather than the duration of the period or whether it was correctly…

Brazil, Competition policy, Digital markets, Ex ante regulation

(Monash University) and (University of Melbourne)/ /Leave a comment

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…

Competition Law 2024, Czech Republic

, , (Havel & Partners)/ /Leave a comment

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…

Competition policy, European Union, Merger regulation, Merger Thresholds

, , , , , , , , , , (DLA Piper)/ /Leave a comment

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…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Villanueva, Spain)/ /Leave a comment

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…

Killer acquisitions, Merger notification, Merger Thresholds, Netherlands

, , , (De Brauw Blackstone Westbroek)/ /Leave a comment

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…

Competition, European Commission, European Union, Remedies

, , (Hogan Lovells)/ /Leave a comment

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…

Antitrust, Competition, Enforcement, European Commission, European Union, Remedies

(NERA) and (University of Leeds)/ /Leave a comment

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…