European Commission

Digital competition, European Commission, European Union, Ex ante regulation, Market investigations, Structural competition problems

, , , , , (White & Case)/ /Leave a comment

On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with the ability to impose market-wide remedies on companies. The proposal has obvious parallels to the market investigation tools already in place in…

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…

European Commission, Gun jumping, Merger control

(Sidley Austin LLP)/ /Leave a comment

On 4 March 2020, the European Court of Justice (“CJEU”) rendered its judgment in the Marine Harvest case.[1] The CJEU dismissed Marine Harvest’s appeal against a European Commission (“Commission”) decision in which the Commission imposed two separate fines of EUR 10 million each for failure to notify a transaction[2] and for implementing that transaction prior…

COVID-19, Europe, European Commission, State aid

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

Our previous blog post covered the EU Commission’s (“EC”) Temporary Framework of 19 March 2020 (“Temporary Framework”), which aims at enabling national governments to use the full flexibility of State aid rules to support the economy in the context of the COVID-19 outbreak. Since the adoption of the Temporary Framework a number of Member States…

European Commission, Interim measures

(Sidley Austin LLP)/ /Leave a comment

After nearly two decades, on 16 October 2019 the European Commission (“Commission”) dusted off one of its most powerful enforcement tools, i.e. interim measures, amid its investigation against Broadcom.  The application of interim measures was triggered by the perceived need of preventing the harmful consequences of Broadcom’s prima facie (i.e., at first sight) abusive conduct…

COVID-19, European Commission, European Union, State aid

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

Overview Given the unprecedented challenge faced by European businesses in the wake of the public health measures being adopted, the EU and its Member States are taking extraordinary measures to minimise the economic fallout from COVID-19. Over the coming weeks, Member States will make available billions in financial aid an in a speech on 13…

COVID-19, European Commission, Merger control

(Baker McKenzie, Belgium)/ /Leave a comment

The global coronavirus pandemic impacts all aspects of life.  The operation of the EU merger control regime is no exception.  This situation will likely continue for some considerable period, potentially over several months.  The inevitable resulting disruption will have negative effects on the M&A process for many companies. This post considers the effects of the…

COVID-19, European Commission, Failing firm defence, Merger control

(European Commission) and (Allen & Overy)/ /Leave a comment

COVID-19, or more commonly known as the Coronavirus, has spread across the European Union (“EU”) like wildfire. Several Member States have closed their borders and ordered travel prohibitions, as well as the closing of schools, shops and restaurants. This new status quo will likely remain for several weeks if not months, possibly leading to severe…

European Commission, Joint ventures

, , (ACTECON)/ /1 Comment

Triggered by the technological advancements and the demand created by the awareness regarding the protection of the environment, electric vehicles (“EVs”) has become a centre of attention for the automotive industry. Also, the emission regulations contributed significantly to this change and the players that have been active in the manufacturing of traditional fossil fuelled vehicles…

Competition law, European Commission, European Union, Sustainability

(Baker McKenzie)/ /Leave a comment

This post explains (i) why there is friction between sustainability initiatives and competition law and (ii) how the EU Commission could take steps to address this. Recent EU developments suggest a renewed interest in this area: In November 2018, the EU Competition Commissioner hinted at a more worldly application of the EU competition rules by emphasising that…