European Union, HBER, Horizontal, Sustainability

(University of Antwerp)/ /5 Comments

Debates amongst competition scholars and practitioners have been buzzing with references to sustainability recently. Several books and articles were written about the topic in the last two years and several competition agencies have written position papers about it. Most of the debate about the interaction between competition law and sustainability concerns agreements between competitors that…

Gender equality, OECD, South Africa

, (Baker McKenzie)/ /Leave a comment

As International Women’s Month draws to a close, its objectives needn’t be held over until the same time next year but ought instead to remain on the global priority list.  This is because meaningful transformation transcends the celebration of an annual event. Inclusivity should be embedded in the fabric of all that we do, including law…

European Commission, HBER, Horizontal

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

On 1 March 2022, the European Commission (“EC”) published for consultation two draft revised horizontal block exemption regulations (“HBERs”) on research & development (“R&D”) and specialisation agreements, as well as draft revised horizontal cooperation guidelines (“Horizontal Guidelines”). The EC’s stated aim is to make it easier for companies to cooperate in areas such as R&D…

Canada, Foreign direct investment, Foreign investment, Russia

, (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

On March 8, 2022, the government of Canada issued a policy statement regarding the review of Russian investments under the Investment Canada Act (ICA): https://www.ic.gc.ca/eic/site/ica-lic.nsf/eng/lk81228.html. The policy statement was issued in response to Russia’s invasion of Ukraine, which the government called “unprovoked and unjustifiable”, and affects the application of both the ICA’s “net benefit” review…

European Union, HBER, Horizontal, Sustainability

(Baker McKenzie)/ /Leave a comment

The Commission’s draft chapter on sustainability cooperation may surprise even those following the debate about EU antitrust policy and sustainability closely. A more worldly approach to benefits, a new and useful tailored safe harbour for sustainability standards, plus a good first attempt to keep sustainability cooperation out of Article 101.1 (or at least the ‘by…

Belgium, Competition Law 2021

(Cleary Gottlieb) and (Linklaters LLP)/ /Leave a comment

Even amidst another Covid-19 dominated year, the Belgian Competition Authority (“BCA”) and courts have maintained a steady pace of competition law enforcement. With fewer substantive mergers to review, the BCA’s focus in 2021 has rather been on unlawful information exchange and a variety of vertical restrictions. While the BCA has yet to rule on abuse…

World Competition Law and Economics Review

(Bird and Bird, Belgium)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Wouter Wils, Procedural Rights and Obligations of Third Parties in Antitrust Investigations and Proceedings by the European Commission This Article provides a systematic overview of the procedural rights and obligations of third parties…

Netherlands, Sustainability

, , (Bird & Bird)/ /Leave a comment

High on the agenda of the Dutch Authority for Consumers and Markets (“ACM”) is the topic of energy transition and sustainability. The ACM has started to tackle the subject this year by assessing two sustainability initiatives under the competition rules and by announcing that it will explore the opportunities that the energy law framework provides…

Competition Law 2021, United Kingdom

(Pinsent Masons LLP)/ /Leave a comment

2021 was another busy year for the UK competition regulator, the Competition and Markets Authority (“CMA”), building on the previous year’s focus on merger control, antitrust enforcement, and digital markets.  Heading into 2022, the UK’s Competition and Markets Authority (“CMA”) had 36 merger investigations, 14 competition enforcement cases, 13 consumer protection cases, three market studies…

Competition Law 2021, European Union

(University of Vienna, Austria)/ /1 Comment

Better late than never. Last year’s recap post on European Union competition law and policy developments already was quite long (see post here). This year’s post might even be longer. Sorry, dear readers, nothing much I can do – 2021 was a very busy year.   Article 101 – of principles, evaluation of rules and…