Competition, Competition law, Competition policy, Digitisation, European Union, Merger control, Remedies, Uncategorized

(Kirkland & Ellis, Belgium)/ /Leave a comment

Most competition authorities have a preference for structural remedies in merger cases in the form of divestitures while behavioural remedies are used less frequently. The below blog post analyses whether the historical bias of behavioural remedies is still warranted or whether it is time that authorities take a more flexible and differentiated approach when considering…

Bulgaria, Merger control

(Schoenherr)/ /Leave a comment

From 1 January 2020, the Bulgarian Commission for the Protection of Competition (the “CPC”) has been applying new merger filing guidelines (the “Guidelines”). The former guidelines, applied for more than ten years, did not differentiate between transactions (simpler or more complex) irrespectively of their potential competition concerns. This unified approach was unnecessarily bureaucratic with regard…

Antitrust, Brexit, Merger control, United Kingdom

(Baker & McKenzie LLP)/ /Leave a comment

As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition Period, towards the end of that period, and after it ends. The guidance also explains…

Cartels, Criminal enforcement, Russia

, (ALRUD)/ /2 Comments

Although criminal liability for cartels was introduced into the Russian criminal law more than twenty years ago (in 1997), it is fair to note that, nowadays, this system does not work appropriately, nor effectively. Over the years, criminal sanctions in Russia for cartels have been very rarely used in practice. Every year, the FAS[1] renders…

Anticompetitive agreements, Joint ventures, Merger control, Netherlands

(Bird & Bird, The Netherlands), (Bird & Bird, Netherlands), and , (Bird & Bird)/ /Leave a comment

Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port Towage Amsterdam (PTA) by two port towing undertakings was confirmed. This joint venture was created by the undertakings Svitzer and Iskes. ACM believed that the cooperation between the two…

Abuse of dominance, Antitrust, Big data, Canada, Competition law, Competition policy, Digital competition, Digital markets, Digitisation, E-commerce, E-communications, Enforcement, Merger control, Merger regulation, Mergers, Minority shareholding

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

The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Algorithms, Collusion, France, Germany

(Autorità Garante della Concorrenza e del Mercato)/ /Leave a comment

I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the future, we are not talking, in fact, about a simple “algorithm”, which in itself is a neutral instrument. Rather, we refer to much more specific techniques for implementing…

Guernsey, Jersey, Merger control

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CICRA stands for Channel Islands Competition and Regulatory Authorities. This is the competition authority for Jersey and Guernsey, small island jurisdictions located between France and England. CICRA comprises the Jersey CRA and the Guernsey CRA. Both jurisdictions have separate and different merger control legislation, including different merger thresholds. On 21 January 2020, CICRA issued approval…

Abuse of dominance, Postal services, United Kingdom

, , , (Latham & Watkins LLP)/ /Leave a comment

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.   On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against…