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…

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…

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…

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…