Introduction If we are to summarise competition law developments of Turkey for 2022 in a few headlines, these would include the amendments to the merger control thresholds, the exceptions introduced for the technology undertakings with a view to catching killer acquisitions, the increased scrutiny over online platforms, the closer relationship between competition law and data,…
Facts and court proceedings Before the start of the liberalization process in 1999 with Legislative Decree 79/1999 (“Decreto Bersani”), the Italian electricity market was run singlehandedly by the Ente Nazionale Energia Elettrica (Enel), born with the nationalization of electricity in 1962. As the former Italian legal monopolist, Enel was integrated into all stages of the…
Introduction 2022 was an eventful year for competition law in India. The Competition Commission of India (CCI) operated optimally approving combinations notified before it in reasonable timelines, conducting significant dawn raids, passing notable orders that made international headlines, and conducting market studies. The anticipated amendments to the Competition Act, 2002 (Act) were discussed ad nauseum…
In Denmark, the Danish Competition Council is the principal enforcer of competition law with the Danish Competition and Consumer Authority acting as the day-to-day caretaker, including rendering decisions in (minor) cases. Decisions from either the Competition and Consumer Authority and the Competition Council may be appealed to the Danish Competition Appeals Board or the judiciary,…
A year of establishing crucial goals and flourishing development The previous year was flourishing and fruitful for the development of competition law in Kazakhstan. According to the annual report of the Agency for the Protection and Development of Competition of the Republic of Kazakhstan (the “Agency”) on the state of competition and measures to limit…
Recently, the Commercial Court of Moscow backed a procedural decision of the Federal Antimonopoly Service (FAS). The FAS fined the Russian IT company Mail.Ru Group for failing to provide the supervisory authority with full information about clients’ mailboxes on their servers. These mailboxes belonged to the Federal Penitentiary Service employees, who were suspected of being…
Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020)[1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of…
The ECN+ Directive requires all EU Member States to confer upon their national competition authorities certain enforcement and sanctioning powers. The Danish implementing act, no. L 116 (link only available in Danish), was passed by the Danish Parliament on 9 February 2021. Although the ECN+ Directive was adopted on 11 December 2018, and therefore well-known…
In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…
Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the framework of the EU-funded technical assistance project “Support to the Georgian Competition Agency”, these amendments are aimed at enhancing the effectiveness of Georgia’s competition framework and thereby…
