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…

Abuse of dominance, Guidelines, KFTC, Online platforms, Platforms, Self-preferencing, South Korea

(Kyoto University)/ /Leave a comment

It would no longer be surprising to see competition or regulatory authorities blaming digital platforms for favouring their own services on their own platforms. In particular, in Europe, seeing the General Court’s Google decisions (see e.g., Johannes Persch’s blog posts on Shopping and Android) and the self-preferencing obligation of the Digital Markets Act (see, e.g.,…

Competition Law 2022, Competition policy, Competition proceedings, Türkiye

, , , (ACTECON)/ /Leave a comment

Introduction If we are to summarise competition law developments of Turkey for 2022 in a few headlines, these would include the amendments to the merger control thresholds, the exceptions introduced for the technology undertakings with a view to catching killer acquisitions, the increased scrutiny over online platforms, the closer relationship between competition law and data,…

Abuse of dominance, Advantage, As Efficient Competitor, Burden of Proof, Competition proceedings, Consumer welfare, Discrimination, Electricity, European Court of Justice, Italy, National competition authorities (NCAs), National court

(University of Brescia)/ /Leave a comment

Facts and court proceedings Before the start of the liberalization process in 1999 with Legislative Decree 79/1999 (“Decreto Bersani”), the Italian electricity market was run singlehandedly by the Ente Nazionale Energia Elettrica (Enel), born with the nationalization of electricity in 1962. As the former Italian legal monopolist, Enel was integrated into all stages of the…

Competition Law 2022, Competition policy, Competition proceedings, India

, , (Cyril Amarchand Mangaldas)/ /Leave a comment

Introduction 2022 was an eventful year for competition law in India. The Competition Commission of India (CCI) operated optimally approving combinations notified before it in reasonable timelines, conducting significant dawn raids, passing notable orders that made international headlines, and conducting market studies. The anticipated amendments to the Competition Act, 2002 (Act) were discussed ad nauseum…

Anticompetitive agreements, Enforcement, European Union, Sustainability

(Norton Rose Fulbright, Belgium) and , (Norton Rose Fulbright)/ /1 Comment

On 10 January 2023, the European Commission (Commission) published Draft guidelines on the application of a new EU antitrust exemption for sustainability agreements involving producers of agricultural products (the Draft Guidelines).  Article 210a of Regulation (EU) 1308/2013 (CMO Regulation), which entered into effect in early 2022, exempts restrictions of competition in agreements that are indispensable…

Competition Law 2022, Competition policy, Competition proceedings, Denmark

(University of Copenhagen) and (Bech-Bruun)/ /Leave a comment

In Denmark, the Danish Competition Council is the principal enforcer of competition law with the Danish Competition and Consumer Authority acting as the day-to-day caretaker, including rendering decisions in (minor) cases. Decisions from either the Competition and Consumer Authority and the Competition Council may be appealed to the Danish Competition Appeals Board or the judiciary,…

Abuse of dominance, Amazon, Digital competition, Digital economy, Digital markets, Digital Markets Act, Economics, Europe, United States of America

(Intui Attorneys)/ /Leave a comment

Lawmakers and Amazon.com are involved in a constant cat-and-mouse game. Amazon.com is the big winner when consumers and businesses extensively use its digital ecosystem. As a reaction, lawmakers regulate big tech companies to protect end users and business users. This blog post argues that these regulations are not always effective and that their application is…

Competition Law 2022, Competition policy, Sweden

(Advokatfirman Delphi)/ /Leave a comment

With 2022 now in hindsight, it is time to take stock of what happened in the Swedish competition law arena during the first post-pandemic year. To sum up, after a relatively long period with little or no action in the competition field, the Swedish Competition Authority (the SCA) is once again picking up speed and…

Commitments, Common Market for Eastern and Southern Africa, Competition enforcement, Judicial review, Jurisdiction, Sport

, (Meysan Partners)/ /Leave a comment

On 16 January 2023, the Common Market for Eastern and Southern Africa (the “COMESA” or the “Common Market”) Competition Appeals Board (the “Appeals Board”) published its seminal decision upholding the commitments provided by the Confédération Africaine de Football (the “CAF”) in relation to contracts for the commercialization of CAF’s media and marketing rights (the “Intermediation…