Abuse of dominance, Amazon, Digital markets, Digital Markets Act, European Commission, European Union, National competition authorities (NCAs), Ne bis in idem

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

The final text of the DMA, after the Council’s final approval last 18th July, opened up, yet again, speculation on its enforcement. Although the Commissioner for the Internal Market Thierry Breton promptly confirmed that DG Connect would be the Directorate to apply and oversee the compliance of the DMA’s rules and obligations, several questions still…

Abuse of dominance, Arbitration, Germany, Sport

(Rosenstein & Rolf & Frohoff)/ /Leave a comment

Background More than 13 years ago, speed skater Claudia Pechstein had an abnormal blood sample, which she had to give as part of a doping control. She was subsequently banned in 2009 by the International Skating Union (ISU) for two years. The Court of Arbitration for Sport (CAS) confirmed this ban in 2009. According to…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

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

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

European Union, Merger control

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

On 13 July 2022, the General Court of the European Union confirmed the European Commission’s jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important endorsement of the EC’s recent change in its Article 22 referral policy, and may embolden the EC to call in for…

Australia, Cartels, Criminal enforcement, Criminal sanctions, Disclosure, Leniency

, (K&L Gates)/ /Leave a comment

Legal professional privilege (LPP) has long been recognised as a powerful, though controversial protection. As the Australian High Court once declared, it is “a practical guarantee of fundamental constitutional or human rights”.[1] Yet, despite its well-established jurisprudential position, its utilisation to protect internal cartel investigation records of criminal cartel immunity applicants (IA) from being disclosed…

Switzerland, VBER, Vertical agreements, Vertical restraints

, , (Lenz & Staehelin)/ /Leave a comment

Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the proposed amendments are based on the new EU distribution rules, they still depart from them on key issues, resulting in a “Swiss Finish”.   Background…

European Union, Foreign subsidies

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

On June 30, in the final hours of the French Presidency, the European Council and the European Parliament announced agreement on a regulation on distortive foreign subsidies (the Foreign Subsidy Regulation, or FSR).  The FSR creates a unique new antitrust regime to combat distortions of competition in the European Union (EU) caused by subsidies multinationals…

Abuse of dominance, Competition law, European Union, HBER, Regulation, Supply chain, Sustainability, VBER, Vertical agreements, Vertical restraints

(European University Institute)/ /Leave a comment

In European competition law, both Article 101 and 102 TFEU inquiries require a contextual approach to the dispute at hand. Since enforcers must consider any agreement or business activity within the economic, legal, and factual context of which it forms part, regulatory regimes become important guideposts for any competition analysis. This point has been emphasized…

Competition law, ECN, Gun jumping, Ireland, Leniency, Merger control

(DLA Piper Ireland)/ /Leave a comment

On 29 June 2022, Ireland enacted major reforms to its Competition Act.  These changes will impact on all sectors across the Irish economy, with potential target industries such as Life Sciences, Energy, Technology and Consumer Goods facing increased scrutiny – particularly as Ireland is a key HQ location for EMEA operations.  While the reforms belatedly…

Canada, Labour market, No-poach-agreement

(Davies Ward Phillips & Vineberg LLP, Canada)/ /1 Comment

Competition authorities globally continue to focus attention on potential anticompetitive conduct affecting labour markets, with a particular emphasis on “wage-fixing” and “no-poaching” agreements. Although Canada was somewhat late in addressing this issue, the federal government has now passed amendments to the Canadian Competition Act that criminalize wage-fixing and no-poaching agreements between parties. In enacting this…