On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report[1], the draft law is now about to be presented to the president for signature and will enter into force…

Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the German official journal, presumably end of April/beginning of May. The reform was triggered by the…

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The Decision was, therefore, annulled for failure to respect rights of defence in relation to the handling of economic evidence by the Commission….

We live in a rapidly changing world. The monikers of change are well known to all of us. Trump. Brexit. Eddie Jones. The future is unpredictable. As Joe Cocker sang, “who knows what tomorrow brings”? But let’s climb aboard Elon Musk’s innovative SpaceX Falcon 9 for a moment. Let me take you to another world….

Are perceptions of increased pushback in Brussels and Washington on international combinations reflected in Irish enforcement?  What change (if any) does new management at the Irish agency herald, how did Ireland’s most controversial deal of the year fare in Brussels, and what important change might a remedies settlement in August 2016 signal?  Answers below!  …

In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical Systems (“Toshiba Medical“) for merger control clearance under the Anti-Monopoly Law (“AML“).  This decision sends an important message to the business…

When discussing mergers, both Commission officials and private practitioners often characterise these as a “N to N-1”.  We all regularly talk and hear about “6-to-5s”, “5-to-4s”, “4-to-3s”, “3-to-2s”, and even “2-to-1s”.  This blog discusses the growing view that within the Commission, a “4-to-3 or fewer” distinction has become a corridor-talk presumption of anti-competitive effects.  On…

On 28 November 2016 the Antimonopoly Committee of Ukraine (AMC) launched public consultations on the draft Horizontal Merger Guidelines. The AMC invites to submit comments to the draft by 7 December 2016. The draft Guidelines, prepared in cooperation with the Competition Council of the Republic of Lithuania, Bundeskartellamt and the US Federal Trade Commission, are modelled after…

On 8 November 2016, the French Competition Authority (FCA) fined French-based Altice group and its telecommunications subsidiary SFR 80 million euros for the coordination of their commercial behaviour in the period between the acceptance of Altice’s purchase offer of SFR and the FCA’s merger clearance decision. This is the highest fine ever imposed by a…

On 21 September 2016, the German Government has introduced a formal legislative proposal (Gesetzesvorschlag – “Government Proposal”) for the reform of the Act against Restraint of Competition (“ARC”; 9th amendment) which builds on the draft proposal (Referentenentwurf – “Ministerial Draft”) of the Federal Ministry of Economics.  It still includes the proposed extension of German merger…