Competition policy

Competition, Competition law, Competition policy, Digitisation, European Union, Merger control, Remedies, Uncategorized

(Kirkland & Ellis, Belgium)/ /Leave a comment

Most competition authorities have a preference for structural remedies in merger cases in the form of divestitures while behavioural remedies are used less frequently. The below blog post analyses whether the historical bias of behavioural remedies is still warranted or whether it is time that authorities take a more flexible and differentiated approach when considering…

Abuse of dominance, Antitrust, Big data, Canada, Competition law, Competition policy, Digital competition, Digital markets, Digitisation, E-commerce, E-communications, Enforcement, Merger control, Merger regulation, Mergers, Minority shareholding

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Abuse of dominance, Antitrust, Canada, Competition, Competition law, Competition policy

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified? Charles Tingley and Mark Katz On October 17, 2019, the Canadian Competition Tribunal dismissed an application by the Commissioner of Competition alleging that the Vancouver Airport Authority (VAA) had abused a dominant position in the market for in-flight catering services at…

Competition policy, European Union

(British Institute of International and Comparative Law)/ /Leave a comment

I. Setting the scene: The EU policy agenda The European Union (EU) treaties have set out a particular goal: the establishment of the single market. Achieving the single market is an objective with unclear boundaries regarding tools, stages and expected final outcome. The EU treaties established a goal that implied a voyage into the unknown….

Competition policy, European Commission, European Union, VBER

(Kreab)/ /Leave a comment

Following the political shake-up in Europe and the severance of the EPP and S&D combined majority, horse-trading with other political parties within the European Parliament over the next 5 years is inevitable. In addition, the upcoming new Commission President and the new College of Commissioners are expected to establish the political priorities that will shape…

Competition, Competition law, Competition policy, Europe, European Commission, European Union, Merger control, Mergers, Minority shareholding, OECD, Regulation

(Kirkland & Ellis, Belgium)/ /Leave a comment

Common ownership currently is one of the focus topics in the antitrust community. Einer Elhauge, a Harvard Law professor, has called it the “greatest anticompetitive threat of our times”. Others believe that there is no issue at all. The below gives an overview on the status of the debate and analyses the recent EU Commission…

Cartels, Competition policy, Enforcement, Netherlands

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

On 26 February 2019, the Dutch Authority for Consumers & Markets (“ACM”) published renewed guidelines on both vertical and horizontal restraints. These documents are likely published to reflect the new strategy of the ACM: the stricter enforcement of vertical and horizontal restraints with a focus on vertical price fixing, online sales restraints, purchasing cartels and agreements…

Brexit, Competition policy, United Kingdom

(Steptoe & Johnson LLP)/ /Leave a comment

CMA Brexit Draft Guidance On 28 January 2019 the UK Competition and Markets Authority (‘CMA’) issued draft guidance on the effects of any no-deal Brexit on the CMA’s functions and its enforcement approach. This guidance has been made more urgent by the continuing UK political divisions that have plagued the Brexit process and which could…

Competition policy, Digitisation, European Union

(Baker McKenzie)/ /Leave a comment

#1. The Commission’s big three worries: Data as a vital tool for doing business; platforms which control  access to important digital resources and then expand; killer acquisitions and other ways of blocking the path to innovation.  The Commission feels a great responsibility to “shape digitisation before it shapes us”.  While the existing legal toolkit is…