Abuse of dominance, Apple, Digital competition, Digital economy, Digital markets, Google, Japan, Market study, Self-preferencing

(Hirayama Law Offices)/ /Leave a comment

Summary The Japan Fair Trade Commission (JFTC) published a 157-page report on 9th February 2023 (see here the press release), focusing on issues in the market structure and the lack of competitive pressure in the markets of essential software for smartphones (mobile OS) and app distribution services, both of which Apple and Google mainly provide….

Competition Law 2022, Competition policy, Competition proceedings, Georgia

(National Bank of Georgia) and (Skadden)/ /Leave a comment

The Competition Chapter of the EU-Georgia Association Agreement emphasizes the importance of “free and undistorted competition in the trade relations”. It also sets the obligation of the Parties to maintain “comprehensive competition laws” and have “appropriately equipped, effective authority”.  In line with these obligations, an independent competition authority (Georgian National Competition Agency – “GNCA”) was…

Anticompetitive agreements, Burden of Proof, Cartels, Damages, Germany, Liability, Litigation

(CDC Cartel Damage Claims Consulting)/ /Leave a comment

On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a factual presumption of harm in the case of anticompetitive information exchanges. This…

Competition Law 2022, Competition policy, Competition proceedings, Guidelines, Market study, Netherlands, Sustainability

, (Bird & Bird)/ /Leave a comment

The Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt, ‘ACM’) seems to have tuned down its antitrust enforcement activities in 2022; it did not impose a single fine for violation of the cartel prohibition or abuse of dominance but it upheld one fine in administrative appeal, i.e. the Samsung case. And of course,…

Competition Law 2022, Competition policy, Competition proceedings, France

, (Université Côte d'Azur)/ /Leave a comment

For the French Competition Authority, 2022 was a year of renewal as illustrated by the nomination of Benoit Coeuré as President of the Competition Authority to replace Isabelle De Silva and of Thibaud Vergé as Vice-President to replace Emmanuel Combe. On June 2nd, the first published speech of the President was held at the CNIL,…

Brexit, Competition and Markets Authority, Investigations, United Kingdom

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

On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK.   CMA Investigation In March 2022, the CMA opened an investigation into suspected anti-competitive conduct in relation to the recycling of end-of-life vehicles….

Blockchain, Competition, European Union, United States of America

(University of Glasgow)/ /Leave a comment

Introduction Blockchain technology is a complex and innovative field that has raised questions about its potential impact on competition laws. As the use of blockchain increases, its unique characteristics, such as market power, interoperability, network effects, and transparency, become increasingly challenging to regulate. To tackle these challenges, competition authorities across the globe, including the European…

Costs, Damages, Disclosure, Estimation, European Court of Justice, Evidence, Liability, Litigation, Private actions, Private enforcement, Procedures

(University of Vienna, Austria)/ /Leave a comment

The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages Directive. The CJEU followed AG Kokott’s opinion to…

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Fundamental rights, Merger control, Merger notification, Mergers, Public procurement

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

The European Union’s (EU’s) new Foreign Subsidies Regulation (FSR), entered into force on January 12, 2023.  The FSR creates a unique new quasi-antitrust regime to combat distortions of competition in the EU internal market caused by subsidies multinationals receive outside the EU.  It imposes new mandatory notification and approval requirements for acquisitions of significant EU…

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation

(Kirkland & Ellis, Belgium) and , (Kirkland & Ellis)/ /Leave a comment

On 6 February 2023, the European Commission (“EC”) published the draft Implementing Regulation and notification forms (together: the “IR”) relating to the EU Foreign Subsidies Regulation (“FSR”). The EC has launched a four-week public consultation period that will allow stakeholders to comment; i.e., there may still be changes to the IR. However, it can in…