Exemptions

European Court of Justice, Exemptions, National competition authorities (NCAs), National court, Portugal, Price fixing, Resale price maintenance, Restriction by object, Unilateral effects, Vertical agreements

, , (Morais Leitão)/ /1 Comment

Introduction On 29 June 2023, the European Court of Justice (ECJ or Court) issued its judgment in case C-211/22, where it reiterates the legal framework applicable to vertical price fixing agreements under EU competition law. The focus on the need to assess the legal and economic context in which the agreement is celebrated is particularly…

Anticompetitive agreements, European Commission, Exemptions, Horizontal, Sustainability

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

The European Commission (“EC”) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to provide more guidance for competitors wishing to cooperate in areas such as R&D and production, but also in sustainability initiatives.   What are the EU rules on horizontal…

Anticompetitive agreements, European Commission, Exemptions, Guidelines, Horizontal, National competition authorities (NCAs), Netherlands, Sustainability

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

Sustainability as a policy priority It is no news that sustainability is an important topic of competition policy across the EU. There is clear consensus that competition law enforcement should be careful not to hinder cooperation between companies, even competitors, that facilitates the realisation of or progress towards reaching sustainability goals of climate policy (or…

Exemptions, Gun jumping, Merger control, Russia, Ukraine

, (Arzinger) and (E+H Attorneys-at-Law)/ /Leave a comment

On 24 February 2022, the Parliament of Ukraine, in connection with the large-scale military aggression of the Russian Federation against Ukraine, approved a decree of the President of Ukraine on the imposition of martial law in the country. The military aggression has significantly affected the activities of most public authorities in Ukraine, including the Ukrainian…

Competition law, ECN, European Union, Exemptions, Merger control, Russia, State aid, Ukraine

(College of Europe)/ /Leave a comment

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…

Abuse of dominance, Austria, Digital markets, Dominance, Exemptions, Foreign direct investment, Foreign investment, Jurisdiction, Merger control, Merger Thresholds, Relative Market Power, Sustainability, Turnover thresholds

(Michael Mayr EU and Austrian Competition Law)/ /Leave a comment

On 10 September 2021, certain significant changes to Austria’s competition law entered into force, although some of the merger control related changes will apply only as of 1 January 2022: Merger control. The amendments include a revision of Austria’s revenue-based merger control threshold, the introduction of the significant lessening of competition test, and a broadening…

Abuse of dominance, Anticompetitive agreements, COVID-19, Exemptions, India

(Jindal Initiative on Research in IP and Competition (JIRICO))/ /1 Comment

The Competition Commission of India (CCI) has been very prompt with adopting various measures to continue its working during this period of pandemic. The CCI has issued several circulars and public notices from time to time to keep people updated about its functioning.[1] The CCI is currently functioning at a reduced capacity and most of…

Exemptions, Turkey

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While the Article 4 of the Turkish Competition Act prohibits the anticompetitive agreements, concerted practices and decisions, Article 5 covers the exemption from this prohibition as in the 101(3) of the Treaty on the Functioning of the European Union (“TFEU”). According to the Article 5 of the Competition Act, Turkish Competition Authority (“TCA”) can grant…