What a difference five years make. In 2019, the European Union (EU) created a modest common framework for foreign direct investment (FDI) screening, Regulation 2019/452 (the FDI Regulation), stressing that decisions on proposed investments, and even the decision whether to engage in FDI screening at all, remained with EU Member States. A pandemic and two…
The Digital Markets Act (DMA) is now applicable. Following the 6-month interim period where gatekeepers had the opportunity to adapt their business models to the regulation, the DMA now requires them to prove their effective compliance with its provisions. To do that, on 7 March 2024, the six designated gatekeepers in September (see here) presented…
Following a slow 2022, 2023 proved to be an eventful year for competition law in Slovakia. Notably, changes took place at the helm of the Slovak Antimonopoly Office (AMO). This was overdue as the term of the previous AMO’s chairman expired in 2021, and the uncertainty seemed to be contributing to the AMO’s inactivity. The…
2023 was a watershed moment in competition law in Ireland with the start of a new civil fines regime. A further wave of EU and Irish rules enhanced powers for the CCPC and ComReg, created two new Irish regulators and is expected to bring a radical change to enforcement across multiple sectors, such as Tech,…
This post highlights some of the most interesting competition law cases and issues discussed in Chile in 2023. Before examining each topic, however, it is important to understand how Chile´s competition system works. The Chilean system involves the intervention of three authorities: The Fiscalía Nacional Económica (“FNE”), the Tribunal de Defensa de la Libre Competencia…
The following is a selection of some important developments in German competition law and policy in 2023. It covers the latest competition law reform, cases under special rules for digital gatekeepers, abuse of dominance, merger control, antitrust (cartels, horizontal cooperation) and damages litigation. 11th Amendment of the ARC On November 7, 2023, the latest…
Introduction Most recently, the Swiss Federal Administrative Court (the “Appeals Court”) rendered a series of judgments on the Swiss leniency regime. All cases handle suspected unlawful agreements affecting competition in the construction industry in Engadin, a mountainous region in South East Switzerland. Besides common geographic roots, the cases share another feature: they all concern appellants…
In 2023, Israel’s competition law landscape has witnessed significant trends and shifts that are shaping the regulatory environment and influencing business strategies. From proposed amendments targeting distribution agreements to increased scrutiny during emergencies and pivotal legal rulings, this overview delves into the specific dynamics characterizing key competition law in Israel last year. These developments offer…
Report on the hearing at the Higher Regional Court of Düsseldorf (OLG Düsseldorf) on 21 February 2024 Introduction “We don’t really know what the LG Dortmund should have done wrong.” Presiding judge at the beginning of the hearing “Oh boy, when it starts like this already…” the representatives of FIFA and the DFB…
The Turkish Competition Authority (“TCA”) had a busy agenda in 2023 both in terms of enforcement and policy actions. Let us elaborate on some of them here. For your convenience, we have classified those in the following sections: (i) antitrust, focusing on violation in the digital markets, no-poaching agreements, resale price maintenance (ii) legislative developments…
