Under the EU-Ukraine Association Agreement (Association Agreement), Ukraine is required to roll out state aid regulation in convergence with the EU acquis. The European-style regulation – to be effective from 2 August 2017 – will be based on the Association Agreement itself, the Law of Ukraine on State Aid to Undertakings No. 1555-VII of 1…
The EU antitrust rules on State aid aim to prevent Member States from distorting competition by giving companies receiving State assistance a “leg up” on their competitors. The concept of State “aid” is broad, and the circumstances under which it may unlawfully distort competition are not always obvious. In addition, the Treaty provisions and secondary…
The EU Commission recently launched a consultation on ‘procedural and jurisdictional aspects of EU Merger Control’ (the Consultation), which most notably proposes the introduction of a deal-size threshold in the EU Merger Regulation (EUMR) to capture significant acquisitions where the target does not meet the current turnover-based thresholds. The Consultation follows a number of comments…
“Hope Smiles from the threshold of the year to come, Whispering ‘it will be happier’…” Introduction This quote from Alfred, Lord Tennyson might – I sincerely hope after recent events – be applicable to life generally in Brussels in 2017. But not so – I fear – in the world of EU merger control. It…
Introduction The Jersey Competition Regulatory Authority (the JCRA) has published its recommendations for proposed changes to the island’s merger control regime. Similar recommendations have also been published by the Guernsey Competition and Regulatory Authority (the GCRA) – which, with the JCRA, operates under the combined banner of the Channel Islands Competition & Regulatory Authorities or…
By Mark Katz, Davies Ward Phillips & Vineberg LLP and Joseph Adler, Hoffer Adler LLP INTRODUCTION The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food…
On August 19, 2016 the new Merger Regulation was adopted in Ukraine. This step is the next improvement after increasing notification thresholds aimed at improving merger control regime effectiveness in Ukraine. The key novelties of the new Merger Regulation include: introduction of requirements to applications within the simplified procedure adopted in May 2016; introduction of…
Paul K Gorecki[1] The Economic and Social Research Institute & Trinity College Dublin 19 October 2016 Introduction The Competition and Consumer Protection Commission (CCPC), formed as a result of the merger between Ireland’s competition and consumer protection agencies, has issued its inaugural Annual Report.[2] It covers 31 October 2014, when the CCPC was established, to…
In two recent landmark judgements, Swiss Courts have provided important clarifications on the protection of business secrets and access to files in cartel cases. Harmful internal business communication subject to publication In 2011, the Swiss Competition Commission (“ComCo”) imposed a fine on Nikon for suspected violations of Swiss competition law[1]. Nikon appealed the decision[2] and…
Resale price maintenance (RPM) occurs when a manufacture or distributor and a wholesaler prevents a retail or distributor from selling below a specified price Since the US Federal Courts decided Leegin in 2007[1] there has been vigorous debate about whether and in what circumstances RPM should and might be permissible. A proposed new law in…
