On September 4, 2018 the European Commission published the non-confidential version of its decision in the Engie case (SA.44888), where it concluded that Luxembourg had granted illegal State aid through two tax rulings.[1] The decision has been appealed by Luxembourg.[2] The decision brings interesting additions and precisions to the arguments developed in the earlier cases…
The UK Government has recently indicated its intention to transpose the EU State aid rules into domestic legislation, even in the event of the UK exiting the EU without a Withdrawal Agreement on 29 March 2019. This was made clear in a “no deal” Brexit technical notice on State aid (the “notice”) published, alongside 24…
On August 27, 2018, the Turkish Competition Authority (“TCA”) announced that it had unanimously cleared the acquisition of one of the largest retailers of various products such as books, periodicals, music, electronics, accessories, video games and toys (“D&R”) by another retailer & wholesaler of the relevant products (“TveK”).[1] Furthermore, the group of companies to which…
The ink has barely dried on the DCCA’s new guidelines on joint bidding – see recent blogpost here – before a court has overturned the landmark infringement decision on which much of the guidelines are based. In its unanimous judgment containing little more than two pages of reasoning, the Danish Maritime and Commercial Court has…
In a decision released in July 2018, the Secretary of Commerce –following the recommendations of the Argentinean Antitrust Commission (CNDC) – imposed a fine worth AR$42.7 million (approximately US$1.5 million) to the Argentinean Society of Music Authors and Composers (SADAIC) for abusing its dominant position in breach of the Antitrust Law No. 27,442 (the “Antitrust…
At the beginning of August 2018, the Bulgarian Commission for Protection of Competition (“BCPC”) opened proceedings against a local company for non-notification of an acquisition of another undertaking. Such proceedings are very rare, and the last fine for a similar breach in Bulgaria was in 2012. The undertaking acquiring control – Agria Group Holding AD…
The Federal Trade Commission (FTC) and two Dallas therapist staffing companies have settled charges that they conspired to fix the wages of contract therapists in violation of the federal antitrust laws. This is the FTC’s first enforcement action under its joint guidelines with the Department of Justice (DOJ) on hiring and compensation issued in 2016. …
Document requests issued by the EU Commission (EC) have become common in complex EU merger cases. A few years ago, the EC would only ask for several hundred documents in such cases – now it has become standard to request several hundred thousand documents from each of the parties to the transaction, often within a short time period (once…
The UK’s Competition and Markets Authority (“CMA”) is consulting on proposed revisions[1]The CMA’s consultation document, and the Draft Revised Guidance, are available at: www.gov.uk/government/consultations/revised-guidance-on-competition-disqualification-orders. to its current guidance on director disqualification in competition law cases (the “Current Guidance”).[2]The Current Guidance is available at: www.gov.uk/government/publications/competition-disqualification-orders. The consultation on the CMA’s proposed revised guidance (the “Draft Revised…
As parents we tell our children that “sharing is caring” and “never be afraid to ask for help”. Although these are generally virtuous notions and good lessons to live by, they could easily get businesses into serious trouble with competition authorities. And even get you fined heavily or put in prison. Most businesses know very…
