Almost two and a half years have passed since Spain’s Royal Decree Laws 8/2020, of 17 March, on extraordinary urgent measures to address the economic and social impact of COVID-19, 11/2020, of 31 March, adopting additional urgent social and economic measures to address COVID-19, and 34/2020, of 17 November, on urgent measures to support business…
On August 5, 2022, the Italian Parliament adopted the 2021 Annual Law for Market and Competition (the “2021 Competition Law”), [1] the aim of which is to adapt the Italian system to EU competition rules and policies and to improve and liberalize markets affected by regulatory or economic barriers. The law reflects most of the…
As in most jurisdictions, the Portuguese Competition Act (‘PCAct’) provides for an ex-ante merger control regime, according to which concentrations above certain thresholds are subject to mandatory pre-notification. Three alternative thresholds apply i) a turnover threshold, ii) a standard market share threshold and iii) a de minimis market share threshold (see Article 37 of the PCAct)….
The Lugano Convention 2007 is an international treaty negotiated by the EU on behalf of its Member States with Iceland, Norway and Switzerland. It seeks to clarify (inter alia) which courts have jurisdiction in cross-border civil and commercial disputes. The UK ceased to be a Member of the Convention upon Brexit and its attempt to…
On 16 September 2022 came into force the amendments to the Portuguese Competition Act introduced by Law no. 17/2022, of 17 August which also modifies the bylaws of the Competition Authority (PCA). This is the third amendment to the 2012 Competition Act, and the first amendment to the PCA bylaws. Law no. 17/2022 transposes the…
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…
Regulation 2019/452 (as amended, the FDI Regulation) inserted the European Commission (the Commission) into a hitherto jealously guarded area of EU Member State authority – screening of foreign direct investment (FDI) for threats to security and public order. The FDI Regulation sets out minimum requirements for Member States’ FDI screening regimes and a mechanism for…
On 18 January 2022, Microsoft announced its future acquisition of Activision Blizzard, which will be the largest tech merger in the history of the United States. The press release voiced concern on a range of competition authorities around the World. Microsoft is one of the three contenders in the market of console-making and by acquiring…
Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation (“SAMR”). That transaction marks the first case where Chinese merger review was handled by a local SAMR office. The foundations to this delegation…
With the much-debated reforms to Act 19/2003, of 4 July, on capital movements (“Act 19/2003”), the Spanish foreign direct investment (“FDI”) regime has been expanded over the past few years. However, FDI screening in relation to defense investments predates Act 19/2003 (and the recent FDI hype more broadly), and was regulated in Royal Decree 664/1999…
