National competition authorities (NCAs)

Anticompetitive agreements, European Commission, Exemptions, Guidelines, Horizontal, National competition authorities (NCAs), Netherlands, Sustainability

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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…

Abuse of dominance, Amazon, Digital markets, Digital Markets Act, European Commission, European Union, National competition authorities (NCAs), Ne bis in idem

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The final text of the DMA, after the Council’s final approval last 18th July, opened up, yet again, speculation on its enforcement. Although the Commissioner for the Internal Market Thierry Breton promptly confirmed that DG Connect would be the Directorate to apply and oversee the compliance of the DMA’s rules and obligations, several questions still…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

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Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

Competition proceedings, European Court of Justice, National competition authorities (NCAs), Ne bis in idem

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In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…

Algorithms, Investigations, National competition authorities (NCAs), Netherlands

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On 10 December 2020, the Dutch Authority for Consumers & Markets (ACM) announced that it has launched a pilot investigation into the role of algorithms in commercial interactions between market players and the impact on market behaviour these algorithms may have. The ACM intends to put this knowledge to use in order to inform market…

Anticompetitive agreements, Competition enforcement, European Court of Justice, France, National competition authorities (NCAs), Public procurement

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On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to calls for tenders by subsidiaries of the same group. Up until now, the FCA considered that it was unlawful for subsidiaries of the same group to submit separate tenders in the same public procurement procedure…

Foreign direct investment, Merger control, National competition authorities (NCAs), Romania

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EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the existence…

Foreign direct investment, Merger control, National competition authorities (NCAs), Poland

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EU FDI Screening Regulation: separating security and competition concerns Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the…

ECN, European Court of Justice, National competition authorities (NCAs), References for a preliminary ruling, Spain

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A welcome post by the new Deputy Editor Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on Markets and Competition (CNMC) inadmissible due to the fact that the CNMC was not a ‘court or tribunal’ for the purpose of Article 267 TFEU. The ECJ…