European Champions, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Merger control, Public procurement, Subsidies, White Paper

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

On May 5, 2021, the European Commission (the Commission) adopted a proposal for a regulation (the Anti-Subsidy Regulation) to combat distortions of competition in the European Union (EU) caused by subsidies granted by non-EU Member States to companies doing business in the EU.  The Anti-Subsidy Regulation is an important part of the von der Leyen…

Algorithms, Blockchain, India

(The Competition & Commercial Law Review) and (Sarthak Advocates & Solicitors)/ /1 Comment

While the skyrocketed technological advancements add immense comfort to human lives, they bring certain tied-up gifts for humans to ponder upon. One such technology which recently had an enormous outburst in the economic structures is that of blockchains. Blockchain is one of the most revolutionary consequences of the advancement of digital commerce which is arguably…

Merger control, Spain

(Pérez-Llorca, Spain) and (Garrido Abogados)/ /1 Comment

It has been another exciting year in Spanish Merger Control.  To the overarching importance of the pandemic, we have to add political appointments, more Phase II investigations and resort to innovative packages of remedies.   The Spanish Enforcer in Times of Pandemic In June 2020, the council of the Comisión Nacional de Mercados y de…

Abuse of dominance, Digital economy, Digital Markets Act, European Court of Justice, Fundamental rights, Ne bis in idem, Platforms

(White & Case)/

In my second post on matters related to the DMA Proposal (see for another post here), I would like to draw the readers’ attention to the role of the Court of Justice. I am not going to touch upon potential challenges of the DMA or questions of judicial review of acts taken by the Commission…

Damages, Germany

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

The 2014 Cartel Damages Directive substantially facilitated cartel damages actions across the EU – the rising number of damages actions ever since its entering into force is a good indication of this development. Nevertheless, the quantification of harm remains the main challenge for claimants, who hold the burden of proof for the amount of harm….

Canada, Digital economy

(Cassels Brock & Blackwell LLP)/ /1 Comment

Funding for Canada’s Competition Bureau is set to increase by more than one third, the government announced in the federal budget for 2021-2022. The budget proposes to increase the Bureau’s budget by $96 million over five years, beginning this year, and thereafter, by $27.5 million annually. This increase is intended to pay for increased capacity and…

Bulgaria, Competition law

, (CERHA HEMPEL)/ /Leave a comment

The Bulgarian parliament recently adopted a number of significant amendments to the Bulgarian Protection of Competition Act (PCA). The amendments transpose into law Directive (EU) 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (the ECN+ Directive) and Directive…

Anticompetitive agreements, Cartels, Competition law, European Union, Sport

(Universität Düsseldorf)/ /3 Comments

The Super League (SL) might have had the lifespan of a fly, the legal questions it raised will linger on. These legal issues are of particular importance for other sports, considering that comparable questions have been raised in European American football and basketball. Therefore, the legal issues associated with the SL have the potential to…

Bulgaria, Resale price maintenance

(Eversheds Sutherland, Bulgaria)/ /Leave a comment

The two recent resale price maintenance (RPM) cases before the Bulgarian Commission for Protection of Competition (CPC or Commission) concern prohibited agreements between the only importers of baby products with brands Medela and Canpol (SMART SM) and Philips Avent (IVENTAS) on one side, and the retailers of baby and mothercare products acting on the Bulgarian…

Dutch clause, European Commission, European Union, Merger control

(Baker McKenzie, Belgium)/ /1 Comment

In Joseph Heller’s seminal World War II novel, the protagonist Captain Yossarian finds himself in an inescapable situation. To continue flying into war is insane, but claiming insanity to avoid going to war immediately demonstrates your sanity. There is no way out. This is Catch-22. But the book also has other fascinating passages, touching on…