Merger control

European Union, Foreign subsidies, Merger control, State aid, State owned enterprise (SOE), Subsidies, Trade Law

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

Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

Abuse of dominance, Canada, Cartels, Competition law, Merger control

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

In February 2022, Canada’s Minister of Innovation, Science and Economic Development announced that the Canadian government was evaluating ways to improve the operation of Canada’s Competition Act (Act). The Minister said that changes would be made in multiple stages, with some initial amendments to be proposed in the following months that would have “an immediate…

Diversity, Merger control, South Africa

(Werksmans)/ /Leave a comment

One of the purposes of the South African Competition Act is stated in the Act to be to “promote a greater spread of ownership, in particular, to increase the ownership stakes of historically disadvantaged persons”. The term “historically disadvantaged persons” (“HDPs”) is effectively defined in the Act as non-white South Africans and firms which are…

Competition law, ECN, European Union, Exemptions, Merger control, Russia, State aid, Ukraine

(College of Europe)/ /Leave a comment

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…

Competition Law 2021, Damages, Digital economy, Dominance, Enforcement, Germany, Horizontal, Judicial review, Litigation, Merger control, Online platforms, Price fixing, Rebates, Uncategorized

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

The following is a selection of some of the most important developments in German competition law and policy in 2021.  It has been a busy year for the Federal Cartel Office (“FCO”), inter alia because the new rules for digital companies took effect.  The following covers cases under these new rules, abuse of dominance, merger…

European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Merger control, Podcast, Trade Law

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

We are happy to announce the new International Law Talk Podcast episode on the interrelations between merger control, FDI, subsidy control & EU trade law. In the episode, I discuss with competition and trade experts and my former colleagues François-Charles Laprévote and Wanjie Lin from Cleary Gottlieb Steen & Hamilton LLP. We focus on the…

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…

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…

Anticompetitive agreements, China, Competition law, Merger control

(Hogan Lovells, China)/ /Leave a comment

Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body.   Anti-Monopoly Law amendment On 23 October 2021, the Standing Committee of the National People’s Congress – China’s legislature – published a draft revision of the…

European Commission, European Union, Foreign subsidies, Merger control, Subsidies

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

The European Union (EU) is readying revolutionary new powers for the European Commission (the Commission) to combat distortions of competition resulting from subsidies from non-EU governments.  The new regime, laid out in a proposed regulation (the Anti-Subsidy Regulation) published in May 2021, could be in effect as soon as mid-2023.  The regulation includes new mandatory notification…