Jurisdiction

Competition Commission of India, Digital economy, Digital markets, India, Merger control, Merger Thresholds

(The Dialogue)/ /Leave a comment

The Indian antitrust landscape has recently shifted its focus to the regulation of digital markets. To achieve this end, substantial changes to the country’s merger control mechanisms were proposed in the Competition (Amendment) Bill, 2020 (the Amendment/the Bill). One of the central purposes of these amendments is to prospectively analyse mergers and acquisitions that may…

Competition Law 2021, Switzerland

, (Lenz & Staehelin)/ /Leave a comment

2021: Less case law, more legislation While the year 2021 was a rather unspectacular year regarding relevant new case law, the legislative made sure it provided for quite noteworthy developments in competition law nonetheless. The Swiss Competition Commission (“ComCo“) and especially the courts produced relatively few leading decisions in 2021, with still a lot of…

China, Competition Law 2021

, (University of Macau)/ /Leave a comment

The year of 2021 was very dynamic for China’s competition law. It was marked by the adoption of the new competition legislation, accelerating antitrust enforcement in the digital economy, breaking new records in terms of fines and merger prohibitions, re-organization of the competition authority, and promotion of stronger antitrust compliance programs.   Anti-monopoly legislation and…

Competition Law 2021, Russia

(Elbert, Nazaretsky, Rakov & Co)/ /Leave a comment

Dissonant antimonopoly tendencies in 2021 In 2021, the tendencies in the antitrust area have emerged remarkably in Russia. On the one hand, there were highly awaited developments such as the Plenum of the Supreme Court. It is difficult to assess the importance of this document since it was extremely necessary for the regulation of antimonopoly…

Digital economy, Digital markets, Türkiye

, , (ACTECON)/ /Leave a comment

Since the use of digital platforms within daily life and the context of work is on the rise, the competition authorities are focusing more and more on the competitive issues and market failures in digital markets. With the rapid growth of digital markets, each and every day competition regulations confront with grey areas where national…

Foreign direct investment, Foreign investment, Spain

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

Background Another day, another ground-breaking change in Spain’s FDI rules.  November 2021 has been an eventful month for FDI in Spain.  The following two developments are likely to be consequential in the evolution of the country’s policy as regards foreign investments: (i) More than a year after the establishment of the Spanish 2020 FDI ex-ante…

China, Merger control, Remedies

(T&D Associates)/ /Leave a comment

On 18 November 2021, the China competition authority State Administration for Market Regulation (“SAMR”) released the decision that the acquisition of Illinois Tool Works Inc. (”ITW“) over MTS Systems Corporation (“MTS”) is conditionally approved (the “Decision”) [1]. It is the third merger case cleared with remedies by the SAMR in 2021. But what is eye-catching…

Digital economy, Digital markets, European Union, Labour market, Platforms, Restriction by object

(University of Copenhagen)/ /Leave a comment

After deliberating on the matter for a year, DG COMP on the 9th of December published its draft guidance on the application of Article 101 on collective bargaining of the self-employed. This is done in response to the rise and proliferation of the online economy, centred specifically on platforms and greater reliance on freelancers and…

Consumer protection, Consumer welfare, European Union, Unfair competition, Unfair practices

(Norton Rose Fulbright, Belgium) and (Norton Rose Fulbright)/ /1 Comment

In many jurisdictions, antitrust authorities enforce not only antitrust and competition laws, but also consumer protection rules, which may apply to similar conduct.  Not so in the European Union (EU).  The European Commission’s (Commission’s) Directorate-General for Competition (DG COMP) enforces EU antitrust rules alongside Member State authorities, coordinating their activities through the European Competition Network…

Abuse of dominance, Interim measures, Switzerland, Telecommunications

, (Lenz & Staehelin)/ /Leave a comment

Interim measures are back on the Swiss Competition Commission’s radar, especially in dominance cases. The background of this latest development is the authority’s desire to accelerate its proceedings and ensure the efficacy of competition law. However, the most recent cases show that interim measures are not always suitable for this purpose – especially in dynamic…