Jurisdiction

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Ex ante regulation, Germany, Google

(University of Zurich)/ /Leave a comment

On 21 June 2023, the Bundeskartellamt, the Federal Cartel Office (FCO), sent a statement of objections to Google and published its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS). According to the Authority’s preliminary evaluation, Google’s practices regarding the licencing of services for infotainment systems in vehicles fulfil the requirements…

Litigation, Private actions, Private enforcement, United Kingdom

(Del Canto Chambers, Litigo Partners)/ /Leave a comment

With a much-unanticipated outcome, on 26 July 2023, the Supreme Court of the United Kingdom (UKSC) finally handed down its long-expected judgement in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, a decision that is considered to have a significant hit on the litigation funding…

Advocate General, European Court of Justice, European Union, Fundamental rights, Regulation, SGEI

(Backer McKenzie)/ /Leave a comment

My previous comment on Case-50/21 Prestige and Limousine SL v Área Metropolitana de Barcelona et al (see here) started with the following question: “Are the Supposed Regulatory Privileges of the Taxi Sector Coming to an End? The Opinion of AG Szpunar in Case C‑50/21”. The conclusions in the ECJ judgment of June 8, 2023 (Judgment)…

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, Merger notification, Mergers

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

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies Regulation (“FSR”) is the European Commission’s attempt to level the playing field for M&A deals by creating…

European Court of Justice, Foreign direct investment, Fundamental rights, Hungary, Regulation

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

Loosely based on the lyrics of the band Wu-Tang Clan, the Court of Justice of the European Union (CJEU) took a closer look at the acquisition of a Hungarian gravel pit in its judgment of 13 July 2023, C- 106/22, and found some rather big “stones” to turn around with regard to FDI in Europe….

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, State aid, United States of America

(Norton Rose Fulbright, Belgium) and , (Norton Rose Fullbright)/ /Leave a comment

European Union and United States legislators are increasingly concerned about the potentially distortive effects “foreign” subsidies may have on M&A transactions. EU and US authorities are both poised to require transaction parties to provide extensive information to allow authorities to evaluate subsidies granted by other jurisdictions. How do these initiatives compare, and how will the…

National competition authorities (NCAs), Proportionality, Public procurement, Spain, Tender

(Universidad Rey Juan Carlos, Herbert Smith Freehills)/ /Leave a comment

The Spanish National Markets and Competition Commission (CNMC) has approved Communication 1/2023 of 13 June, published in Spain’s Official State Journal (BOE) on 30 June 2023, (i) establishing that the authority holding sanctioning powers in matters of competition is the competent authority for imposing a public procurement ban, and (ii) setting out the general criteria…

Ancillary, Anticompetitive agreements, Burden of Proof, Competition enforcement, Enforcement, European Court of Justice, Germany, References for a preliminary ruling, Regulation, Restriction by object, Sport

(University of Cologne)/ /Leave a comment

Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

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…

Canada, Competition law, No-poach-agreement, Wage fixing

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

On June 23, 2023, amendments to the Canadian Competition Act (Act) took effect which now  make it a per se criminal offence for unaffiliated employers to agree, conspire or arrange to: “Fix, maintain, decrease or control salaries, wages or terms and conditions of employment” (wage-fixing agreements); or “Not solicit or hire each other’s employees” (no-poach/non-solicit…