Competition law

Abuse of dominance, Competition enforcement, Competition law, Digital competition, Digital economy, Digital markets, Germany, Legislation

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC.  The proposal was debated in parliament on November 25, 2020, is largely expected to be adopted more or less in its current form and to…

Competition law, European Union, Restriction by object

(University of Copenhagen)/ /Leave a comment

What to consider a restriction of competition under Article 101 (1) is complex. However, the text of Article 101 (1) refers to agreements that are anti-competitive by object or by effect. A segregation utilized in early cases such as Consten and Grundig and Société Technique Minière. Both from 1966 and both involving the appraisal under…

Cartels, Competition law, Information exchange, Netherlands, Price fixing

(Bird & Bird, The Netherlands) and , (Bird & Bird)/ /1 Comment

Introduction On 27 May 2020 the Dutch Authority for Consumers and Markets (“ACM”) imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information exchanges between competitors. The manufacturers…

Competition law, Damages, Liability, Litigation, Netherlands

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /Leave a comment

Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as improperly fulfilling his duties as a director. This…

Cartels, Competition law, COVID-19, Netherlands

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /1 Comment

Intro / Summary The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after being urged by the…

Apple, Competition law, Fiscal aid, Ireland, State aid, Taxation, Vestager

(Athens Law School)/ /Leave a comment

Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political implications: the case ignited transatlantic tensions between the EU and the USA, both…

Competition law, Concentrations, Digital markets, Ex ante regulation, Joint ventures, Mergers, Netherlands, Online platforms, Uncategorized

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /Leave a comment

Introduction On 20 May 2020 the Dutch competition authority (“ACM”) conditionally cleared a new joint venture between transport company Pon Netherlands B.V. (“Pon”) and Dutch rail operator NS Groep N.V. (“NS”) creating a Mobility as a Service (“MaaS”) platform. The case was referred to the ACM by the European Commission (“Commission”) under Article 9 of…

Competition law, Concentrations, Merger control, Merger notification, Netherlands, Telecommunications, Uncategorized

(Bird & Bird, The Netherlands) and (Bird & Bird)/ /Leave a comment

Introduction On 19 May 2020, the Act against undesired control in the telecom sector (“Act“) was adopted by the Dutch Parliament. The Act introduces a notification requirement applicable to anyone who has the intention to acquire ‘a controlling interest’ in a ‘telecom party’ if such interest results in ‘relevant influence’ in the telecom sector. If…

Competition law, COVID-19, European Commission, State aid

(Kirkland & Ellis, Belgium) and (Kirkland & Ellis)/ /1 Comment

The EU Commission (“EC”) has, for the second time, expanded its Temporary Framework of 19 March 2020 (“Temporary Framework”) to provide national governments with further guidance and additional tools to support distressed companies amidst the economic fallout of the COVID-19 crisis. As noted in our last blog post covering the first amendment to the Temporary…

Competition law, Investigations, Ne bis in idem, Türkiye

, , (ACTECON)/ /Leave a comment

Introduction In the previous days, the Turkish Competition Authority (“TCA”) resolved under its decision dated 26.03.2020 and numbered 20-16/234-M to open an investigation against the undertaking operating in the automotive sector in order to re-evaluate its decision dated 24.06.2009 and numbered 09-30/637-150 since it was annulled by the 13th Chamber of Council of States. Given…