Advocate General, Gun jumping, Merger control, Merger regulation, Mergers

, (White & Case) and (White & Case, Belgium)/ /2 Comments

Advocate General Anthony Michael Collins has proposed that the European Court of Justice upheld the General Court’s Altice judgment. In his Opinion, he considered that entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence of the transfer of shares. AG Collins emphasised the importance of deterrence when…

Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Regulation, Standard essential patent (SEP)

(Robert Schuman Centre, EUI)/ /2 Comments

On 27 April, about a month after an unofficial leaked version, the European Commission published the highly-contentious Standard Essential Patents (SEPs) Regulation Proposal. The Proposal aims to facilitate SEP licensing by increasing transparency over SEPs, reducing information asymmetries between SEP licensors and implementers and facilitating the agreement on Fair, Reasonable and Non-Discriminatory (‘FRAND’) licenses. Such…

Blockchain, Competition, Crypto

(gunnercooke)/ /Leave a comment

Crypto exchanges operate in a dynamic, fast-paced environment in which the contours of competition are still evolving. However, the main parameters of competition among crypto exchanges, their economic characteristics, and current market data suggest that the sector may concentrate in the coming years. Crypto exchanges will soon attract attention from antitrust agencies, driven by an…

Competition law, European Union, Merger control, Mergers, Simplification package

, , (Kirkland & Ellis, Belgium)/ /1 Comment

            On 20 April 2023 the EU Commission adopted a new legislative package aimed at simplifying its procedures for reviewing transactions under EU merger control rules. Under the new rules the Commission seeks to assess more cases under the simplified procedure and reduce overall reporting requirements by 25%. The new…

Competition and Markets Authority, Competition enforcement, Digital competition, Merger control, United Kingdom

, (Pinsent Masons LLP)/ /Leave a comment

Microsoft has said it will appeal a decision by the UK Competition and Markets Authority (CMA) to block its proposed acquisition of video games developer and publisher Activision Blizzard. Activision is the company behind a number of popular game series, including ‘Call of Duty’. Microsoft agreed a deal to acquire Activision for $68.7 billion in…

Data protection, Digital competition, Digital economy, Digital Markets Act, European Commission, Ex ante regulation, Online advertising, Online advertising restrictions, Online platforms, Platforms, Privacy, Regulation

(University Villanueva, Spain)/ /Leave a comment

The DMA will start to apply on March 2024. Starting on the 2nd of May, the gatekeepers have a maximum of two months to notify their gatekeeper status to the European Commission (EC). The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as…

Competition Law 2022, Italy

, (European Commission)/ /1 Comment

The year 2022 in Italy witnessed a major update of national competition law and new powers for the Italian Competition Authority (“ICA”). These developments are summarized below, together with a report of the ICA’s practice in antitrust and merger control, and an account of the activity of Italian courts, both at the national level and…

Competition Commission of India, Competition enforcement, Competition policy, India

, (Cyril Amarchand Mangaldas)/ /Leave a comment

The Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The Amendment will take effect once the Central Government notifies its various provisions in the Gazette of India, possibly in a phased manner. Amendments that are to be clarified through regulations…

Competition enforcement, Damages, European Court of Justice, National competition authorities (NCAs), National court, Private enforcement, References for a preliminary ruling

(University of Göttingen, Germany)/ /Leave a comment

In a preliminary reference procedure stemming from a private cartel damages action in Spain, the European Court of Justice (‘ECJ’ or ‘the Court’) had to rule on the binding effects of national competition authorities’ (‘NCAs’) decisions for private enforcement as evidence before national courts. Besides, another question concerned the effects of the automatic nullity of…

Abuse of dominance, As Efficient Competitor, European Commission, European Court of Justice, Guidance, Guidelines, Margin squeeze, Restriction by effect

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

The European Commission (the Commission) has launched a project to codify EU law on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to exclusionary abuses of dominant positions, such as exclusive dealing, tying and bundling, predatory pricing, refusals to supply and margin squeezes. The Commission published a…