Competition Commission of India, Data protection, India

(National Law University)/ /Leave a comment

The intensity of competition and the problematic conducts of enterprises operating in digital markets have been focal points for discussion across many prominent jurisdictions, for instance, the European Union. The Competition Commission of India has also been actively studying the emerging trends and challenges to ensure competitiveness in the digital sector. Through its market studies…

Competition Law 2021, Italy

, (European Commission)/ /Leave a comment

In 2021, next to the activity of the Italian Competition Authority (“ICA”) and of the courts, the Italian legislator looked into competition law as a tool to unleash economic growth against the backdrop of the ongoing Covid-19 outbreak.   A “competitive” Recovery and Resilience Plan In the opening speech of his government, Prime Minister Mario…

European Union, Fundamental rights, General Court of the European Union, Hybrid Settlement, Presumption of Innocence

(Max Planck Institute Luxembourg)/ /Leave a comment

The long-awaited judgement of the General Court in the price-fixing case against a world-leading provider of transport solutions, Scania, is out. On February 2, 2022, in a hybrid settlement case, the General Court dismissed the appeal filed by Scania. It upheld the decision of the Commission, which imposed a fine of € 880.5 million for…

Australia, Competition Law 2021

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

2021 proved to be a significant year for competition and consumer law in Australia. This article outlines a number of the key developments as follows: The trend for record penalties continues (as exemplified by the record $153 million penalty ordered against vocational skills training company AIPE). The Australian Competition and Consumer Commission (ACCC) remains an…

European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Merger control, Podcast, Trade Law

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

We are happy to announce the new International Law Talk Podcast episode on the interrelations between merger control, FDI, subsidy control & EU trade law. In the episode, I discuss with competition and trade experts and my former colleagues François-Charles Laprévote and Wanjie Lin from Cleary Gottlieb Steen & Hamilton LLP. We focus on the…

Argentina, Competition Law 2021

, (Allende & Brea)/ /Leave a comment

After a stagnant 2020, mainly due to the COVID-19 pandemic, the antitrust law enforcement in Argentina started to recover its rhythm. Different developments took place, and the news started early in the year with the approval in the Senate of a bill that, if approved by the House of Deputies, would imply drastic changes in…

Competition Law 2021, Spain

, , (Cleary Gottlieb Steen & Hamilton LLP)/ /Leave a comment

2021 has been an eventful year for the competition law and policy landscape in Spain. Below we review the main developments and takeaways from the last year in the following areas: (i) institutions, legislation and Covid-19; (ii) merger control; (iii) restrictive agreements and abuse of dominance; and (iv) State aid.   Institutions, Legislation and Covid-19…

Competition Law 2021, Portugal

, , (DLA Piper Portugal)/ /Leave a comment

This overview covers the main developments in competition law and policy in Portugal in the course of 2021.   Legislative and institutional developments The Competition Act was supplemented with a new provision rendering illegal most-favoured-nation clauses benefiting hotel booking electronic platforms. Article 9 (which is similar to Article 101 of the Treaty) now prohibits agreements…

Abuse of dominance, Bulgaria

(Eversheds Sutherland, Bulgaria) and (Tsvetkova, Bebov and Partners)/ /Leave a comment

In 2021 the Bulgarian Competition Protection Commission (“BCPC”) was focused on investigations for abuse of dominance in the medical sector. The centre of CPC’s attention were some medical institutions that refused to provide access to equipment, facilities, and specialists for performing medical services/treatments subject to reimbursement by the National Health Insurance Fund (“NHIF”). The investigated…

Abuse of dominance, As Efficient Competitor, Burden of Proof, European Union, General Court of the European Union, Rebates, Standard of Proof

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

On 26 January 2022, the EU’s General Court (GC) annulled the European Commission’s (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes.[1] The judgment demonstrates that the European Courts are prepared to look in detail at evidence and economic analysis in antitrust cases, and will annul EC decisions if…