We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Wouter P.J. Wils, Fundamental Procedural Rights and Effective Enforcement of Articles 101 and 102 TFEU in the European Competition Network This article deals with the fundamental procedural rights of companies that are targeted…
The global coronavirus pandemic impacts all aspects of life. The operation of the EU merger control regime is no exception. This situation will likely continue for some considerable period, potentially over several months. The inevitable resulting disruption will have negative effects on the M&A process for many companies. This post considers the effects of the…
COVID-19, or more commonly known as the Coronavirus, has spread across the European Union (“EU”) like wildfire. Several Member States have closed their borders and ordered travel prohibitions, as well as the closing of schools, shops and restaurants. This new status quo will likely remain for several weeks if not months, possibly leading to severe…
The issue of the “appropriate claimant” or the capacity to sue always comes into question at the stage of the judicial review of the decisions of the competition authorities. It is not as easy as it may seem from the first glance, and the case law of the Administrative courts in Turkey is a proof…
Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement. The aim of these provisions, as originally set out in…
Background The changing market dynamics in the digital era have raised several concerns with competition regulators across the world, triggering a host of studies for better understanding the issue. In doing its part, the Competition Commission of India (“CCI”) released the ‘Market Study on E-commerce in India’ highlighting various regulatory issues in the e-commerce market….
On 07.11.2019, the Turkish Competition Authority (“TCA”) concluded its preliminary inquiry regarding Google’s[1] bidding system and decided not to initiate a full-fledged investigation. Said preliminary inquiry had been initiated upon a 28.02.2019 dated complaint made with confidentiality request claiming that: Google is in dominant position in search services, Google’s Shopping Unit and AdWords are crucial…
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…
P2s Get Longer, But P1s Don’t! Two 2018 P2s, cleared in 2019, took over 320 days. One of the two decisions is published and runs to 240 pages. In 2003, Year 1 of modern Irish merger control, a P2 averaged 100 days and a typical P2 decision was 20 pages. But delays to “no-issue” deals…
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…
