Jurisdiction

Brexit, China, Competition policy, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Private investment, Property investment, Public procurement, Regulation, Remedies, State owned enterprise (SOE), Subsidies, Switzerland, Tax, Taxation, Tender, Trade Law, United Arab Emirates, United Kingdom, United States of America

(University of Vienna, Austria)/ /Leave a comment

On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…

Anticompetitive agreements, Information exchange, Türkiye, United Kingdom

, , (ACTECON)/ /Leave a comment

Introduction The Competition and Markets Authority (“CMA”) of the UK has fined Germany-based Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”), the ultimate parent company of the BMW Group, for failure to comply fully with a written information request without reasonable excuse through its decision of 6 December 2022 (“CMA Decision”). The fine includes a fixed amount…

Bosnia and Herzegovina, Competition Law 2022, Montenegro, North Macedonia, Serbia

(Doklestic Repic & Gajin)/ /Leave a comment

This post will present the main competition law developments in 2022 in four Western Balkan jurisdictions – Serbia, Montenegro, Bosnia and Herzegovina, and North Macedonia. Despite peculiarities in the competition policy of each of the four jurisdictions and their respective national competition authority (NCA), they deserve to be addressed together due to their common background…

Anticompetitive agreements, Information exchange, National competition authorities (NCAs), Norway

, , (Advokatfirmaet Haavind AS)/ /Leave a comment

Exchanging information with competitors can be a minefield. On 29 November 2022, the Norwegian Competition Authority (NCA) fined Norway’s four largest book publishers and a database provider a total of NOK 545 million (approximately EUR 52 million) in a unique hub-and-spoke information exchange case. This is only one of several information exchange cases being pursued…

Brazil, Competition Law 2022

, (Federal University of Paraná)/ /Leave a comment

As part of the series of posts on the main developments in Competition Law, we are honored to present for the first time in the series an overview of the developments and trends in Brazilian Competition Law and Policy. Brazil had two important landmarks in 2022: the 10th anniversary of the beginning of the validity…

Facebook, Merger control, Merger Thresholds, Platforms, United Kingdom

, (Northeastern University)/ /1 Comment

When, why, and on what evidence can a competition regulator in one jurisdiction push for divestments in global deals? An increasingly active UK Competition and Markets Authority (“CMA”) has been making its presence known, not least in technology mergers. This blog post will review core questions from Meta/Giphy relevant to advising on UK merger clearance…

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies

, (Pérez-Llorca, Spain)/ /Leave a comment

“All animals are equal but some are more equal than others” (George Orwell, ‘Animal Farm’) On 28 November 2022, the Council of the European Union gave its final approval to the new EU Foreign Subsidies Regulation 2022/2560 (the FSR). The regulation addresses distortions created by subsidies that are granted by non-EU countries to companies operating…

Competition Law 2022, Iceland

(Jonsson & Hall Law Firm)/ /Leave a comment

The year 2022 was an eventful year both for the Icelandic Competition Authority (“ICA”) and Icelandic Courts regarding competition enforcement and merger control. Iceland is a member of the EEA Agreement and Icelandic competition law therefore mainly mirrors EU competition law. Over the year several high-profile merger cases were amicably resolved following rigorous substantive assessments…

Brazil, Cartels, Private enforcement

(Magalhães e Dias Advocacia) and (University of São Paulo)/ /Leave a comment

Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). Formerly proposed before the Brazilian Senate in 2016 (Senate Bill 283/2016) and inspired…

Advocate General, European Union, Sport

(Universität Düsseldorf) and (Wirtschaftsuniversität Wien, AKELA)/ /1 Comment

By now the issues surrounding the Super League need no further introduction. On the one hand, there are monopolists that potentially abuse their dominant position, whereas, on the other hand, there is a controversial collective of clubs, seeking to change or expand Europe’s current football offering. Consequently, the ECJ’s ruling may shape Europe’s sports sector…