Competition enforcement, Competition policy, Digital competition, European Commission, European Union, New Competition Tool

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The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The Report will serve as a potential blueprint for Teresa Ribera Rodríguez, the Competition Commissioner-Designate and the European Commission to shape and execute competition…

Abuse of dominance, Competition policy, European Commission, European Union, Exclusionary Abuse, Guidance, Presumptions

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The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue abuse of dominance cases, in particular by classifying a number of practices as “presumptively harmful”. This represents a marked departure from the 2008…

European Court of Justice, Fines, Interest

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The European Court of Justice has issued its judgment in Deutsche Telekom confirming that the European Commission must pay “a standard rate” of interest to companies that have been awarded a reduction or annulment of their antitrust fine on appeal. The European Commission must now apply this clear ruling to a number of claims for…

European Commission, Foreign subsidies, Foreign Subsidy Regulation

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The first months of application of the EU Foreign Subsidies Regulation (FSR) have involved a large number of notifications, lengthy and wide-ranging requests for information, and the opening of the first in-depth investigation. We take a look at the key highlights from the FSR’s opening period and practical implications for companies navigating the still quite…

Labour market, United Kingdom

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The UK’s Competition and Markets Authority (the “CMA”) has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law powers to tackle anti-competitive behaviour in labour markets, as well as the case for broader legislative reform.   The report…

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, Merger notification, Mergers

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The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies Regulation (“FSR”) is the European Commission’s attempt to level the playing field for M&A deals by creating…

Brexit, Competition and Markets Authority, Investigations, United Kingdom

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On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK.   CMA Investigation In March 2022, the CMA opened an investigation into suspected anti-competitive conduct in relation to the recycling of end-of-life vehicles….

Abuse of dominance, European Court of Justice, European Union

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On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of the railway track. While reaffirming its essential facility case law (Bronner), the Court confirmed that the Bronner case law did not apply to the deliberate destruction of State-owned infrastructure…

European Commission, European Union, Foreign subsidies, Regulation

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On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A and public tenders in the EU, and which…

Abuse of dominance, As Efficient Competitor, Economics, Effects-based, Fundamental rights, General Court of the European Union, Procedures

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The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission[1] is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. The judgment is notably based on the…