Brazil, Competition policy, Digital markets

(Global Antitrust Institute)/ /Leave a comment

May 2nd, 2024 was the last day to submit comments to the Public Consultation (Economic and Competitive Aspects of Digital Platforms) held by the Brazilian Ministry of Finance. The Consultation, which was released on January 19, 2024 and had one deadline extension, was designed and organized by the Secretary for Economics Reforms – one of…

Competition Law 2023, United Kingdom

, (Pinsent Masons LLP)/ /Leave a comment

Continuing with the trend from previous years, important competition law and policy developments emerged in the UK during 2023. Amongst other things, highly anticipated proposals for major legislative reform were finally introduced in the UK Parliament, the UK’s competition and sector authorities continued to handle a substantial enforcement caseload, whilst the UK government continued to…

ECN, Fines, Guidelines, Poland

, (KRK Kieszkowska, Rutkowska, Kolasiński law firm)/ /Leave a comment

Introduction In April 2024, the President of the Office of Competition and Consumers Protection (the “PCA”) introduced new guidelines for setting fines in antitrust cases (the “Guidelines”). The Guidelines are the only document of this type issued by the PCA. Other fields of actions of the PCA, e.g. violations of consumer law, do not have…

Brazil, Guidelines, Merger control

(Universidade de São Paulo)/ /Leave a comment

The Brazilian Competition Authority – CADE – has just recently published its Guidelines for Non-Horizontal Merger Reviews, which consolidate and formalize the competition authority’s best practices in reviewing vertical and conglomerate mergers (the “V+ Guidelines”). The V+ Guidelines complement CADE’s 2016 Horizontal Mergers Guidelines and other relevant documents that have been published by the Brazilian…

Art. 22, European Commission, Guidance, Innovation, Market definition, Merger control, Merger regulation, Merger Thresholds, Sustainability

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

Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply.  These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…

Abuse of dominance, AI, Consumer welfare, Data protection, Digital, Digital competition, Digital economy, Digital markets

(Católica Global School of Law) and (University Carlos III of Madrid, Spain)/ /Leave a comment

Europe has been a frontrunner in the regulation of artificial intelligence on a global scale. The adoption of the Artificial Intelligence Act (AI Act) defines one – despite important – step of the puzzle of European policy on AI. After the adoption of the Council last week, such an ambitious approach is still surrounded by…

Competition policy, European Union, Internal Market, Policy

(Szecskay Attorneys-at-Law, Hungary)/ /Leave a comment

As it marked the 30-year anniversary of the Single Market, the European Council asked former Italian Prime Minister, Enrico Letta, to set out his vision for the future of the Single Market including specific proposals for its development. Letta published his report last month which, he writes, is based on 400 stakeholders’ meetings in 65…

Competition Law 2023, Netherlands

, (Bird & Bird)/ /Leave a comment

Introduction In 2023, the ACM has again shown its commitment to enforcing competition law with the aim of protecting the interests of consumers. The imposition of hefty fine of nearly 8 million EUR on LG for vertical price-fixing conduct, similar to the Samsung case in 2022, sends a strong message to other companies engaging in…

Damages, European Court of Justice, Limitation Period, Principle of Effectiveness, Private enforcement

(Court of Justice of the European Union)/ /Leave a comment

According to the German philosopher Johann Gottfried Herder, the two greatest tyrants on Earth are chance and time. The word ‘tyrant’ is derived from Ancient Greek ‘tyrannos’ to describe an ‘absolute ruler unrestrained by law or constitution’. Certainly, actions for damages in competition law may depend on numerous factors substantially determined by chance (e.g. questions…

Apple, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Carlos III of Madrid, Spain)/ /Leave a comment

The DMA seeks to capture gatekeeper conduct. For that, the regulation applies to those targets of the regulation satisfying the legal category of a gatekeeper. If an undertaking is not a gatekeeper as per a designation decision issued by the European Commission (EC), then it will not remain captured by the regulatory instrument. In September…