Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Villanueva, Spain)/ /Leave a comment

On 6 June 2023, the European Commission launched for public consultation its Template for Reporting pursuant to Article 11 of the DMA (the Template). The Template builds upon the substance of Article 11 of the DMA, which mandates designated gatekeepers (yet to come in early September): i) to provide the Commission with a report describing…

Anticompetitive agreements, European Commission, Guidelines, Horizontal, Sustainability

(Wolf Theiss)/ /1 Comment

On 1 June 2023, the European Commission (‘Commission’) adopted the new Horizontal Guidelines (together with the new Horizontal Block Exemption Regulations), which contain a new dedicated chapter for the assessment of sustainability agreements. The new Horizontal Guidelines will enter into force following their publication in the Official Journal of the EU (while the new Horizontal…

Competition law, Competition policy, Switzerland

, (Lenz & Staehelin)/ /Leave a comment

The Swiss government aims at a partial revision of the Swiss Cartel Act. Now that the consultation process is completed, the Federal Council has unveiled its draft legislation. The revision aims at modernizing merger control and strengthening private damage litigation. The draft legislation remarkably also provides for a re-introduction of the effects test for hardcore…

Artificial Intelligence, Ex ante regulation, Legislation

(DLA Piper)/ /Leave a comment

The EU Artificial Intelligence Act (EU AI Act) is a landmark EU-originated legislative proposal to regulate artificial intelligence based on its potential to cause harm. Therefore, it can also be labelled as a risk-based regulation, meaning that the regulative burden and duties increase with the specific AI systems’ potential to cause harm. For close watchers…

Digital competition, Digital economy, Digital markets, India, Merger control, Merger Thresholds

(Guru Nanak Dev University)/ /Leave a comment

India is the third largest start-up ecosystem in the world with multiple firms operating across different sectors in the country. In 2022, Indian start-ups raised nearly USD 24 billion, more than twice the funds raised in 2020 (USD 10.9 billion) and 2019 (USD 12.8 billion), despite the challenging market conditions. The top five sectors that…

Jurisdiction, National court, Netherlands, References for a preliminary ruling

(Lindenbaum)/ /Leave a comment

Introduction The MTB/Heineken case concerns the question of whether a claimant in EU antitrust follow-on damages proceedings can use a parent company that is not addressed in an authority’s fining decision as an anchor defendant for jurisdiction under the Brussels Ibis Regulation. The Dutch Supreme Court intends to refer preliminary questions on this topic to…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Türkiye

, , , (ACTECON)/ /Leave a comment

Introduction In line with the global trend, the Turkish Competition Authority (TCA) has recently displayed a remarkable level of interest in addressing competition concerns in digital markets. Maybe being one of the months where the output of the TCA has peeked its highest, in April 2023 the TCA announced (i) the publication of the Preliminary…

Labour market, United Kingdom

, (White & Case) and (White & Case, Belgium)/ /Leave a comment

In a policy paper on “Smarter Regulation to Grow the Economy”, the UK government has announced proposals to limit the duration of non-compete clauses in employment contracts to three months. This proposal reflects the growing concern worldwide concerning the use of non-competes. Earlier this year, the FTC in the US took even more extreme action…

Competition Law 2022, Poland

, (Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw)/ /Leave a comment

In 2022, the activities of the Polish Competition Authority (Urząd Ochrony Konkurencji i Konsumentów, hereinafter: UOKIK), and thus the developments in competition law in Poland, were affected by the aftermath of the COVID-19 pandemic as well as the war in Ukraine and the following energy crisis. Moving ahead with the times, the UOKIK undertook various…

Blockchain, Competition, Crypto

(gunnercooke)/ /2 Comments

Network effects could drive concentration among crypto exchanges Competition can take many forms. Some markets sustain a large number of firms operating and growing in parallel. In other markets, the competitive process leads to all (or almost all) rivals being eliminated, save for one or a small number of survivors. This latter case has come…