Looking back at 2022 Looking back, 2022 has been a turbulent year for competition law and policy in Korea. In terms of digital competition policy, the pendulum has swiftly swung away from regulation to competition enforcement. With the arrival of a new President and administration, the previous administration’s platform regulation bill lost momentum. Instead, the…
The year of 2022 was marked by the first amendment of China’s Anti-Monopoly Law (AML) since its entry into force in 2008 and the gradual shift of the enforcement focus towards the objectives of the unified national market. Amendment of the Anti-Monopoly Law and other legislative developments First, the AML amendment incorporated the “fair…
The year is almost over, so it‘s time for the Kluwer Competition Law Blog series on the main developments in Competition Law and Policy again. Next week, we will start with the first insightful contributions from around the globe. In the coming weeks and months, our contributors will update you on the developments in key…
In the last couple of months alone, the Serbian national competition authority (NCA) has started as many as three new gun-jumping investigations. The investigations relate to transactions which parties failed to notify in Serbia even though the Serbian merger filing thresholds were apparently exceeded. On surface, this may indicate an increased risk for parties who…
On 7 November 2022, the European Commission published a proposal for a Regulation on the collection and exchange of data on short-term rental services, with the aim of establishing harmonized rules and providing public authorities access to data. The initiative intends to facilitate the development of a responsible, fair, and trusted growth of short-term rentals…
The DMA will start to apply in March 2024. The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as transparent as possible. In this same vein, the first of the DMA’s stakeholders’ workshops was held on the 5th of December on the…
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A and public tenders in the EU, and which…
On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…
With its judgment of 8.11.2022, the ECJ’s Grand Chamber put an end to the Commission’s recent case practice on transfer pricing rulings. In 32 paragraphs (paras 81-112), it seems to have demolished an 8-year laborious effort of the Commission’s DG COMP and Legal Service to employ State aid rules against the advance transfer pricing agreements…
The wheels of the German competition authority’s enforcement of its dedicated rules on digital markets have started to turn (on the technical and substantive aspects of Section 19a GWB, see previous posts here and here). According to the recently introduced rules, the Bundeskartellamt first formally determines that an undertaking is of paramount significance for competition…
