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EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

Unwelcome Visitors? UK Court Greenlights Domestic Search Warrants in Competition Cases

The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

CJEU Clarifies the Right to Compensation for GDPR Infringements Causing Non-Material Damage

In Short - The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more

EU Court of Justice Revives Long-Dormant "Abuse of Dominance" Challenge to Non-Reportable M&A Deals

In Short - The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more

EU Releases Draft Antitrust Exemption Guidelines for Sustainability Agreements in the Agri-Food Industry

In Short - The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain...more

Can't Make an Omelette Without Breaking Eggs: Will Farm-to-Fork Crack European Antitrust?

In Short - The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more

Updated EU Antitrust Rules on Vertical Supply Chain Agreements Take Effect June 1

Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain. EU antitrust law prohibits certain...more

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

Germany Adopts EU Unfair Trade Rules for Buyers of Food and Agricultural Products

New law regulates commercial dealings between suppliers and comparatively larger buyers of food and agricultural products. Germany passed a new law, Agrarorganisationen-und-Lieferketten-Gesetz ("AgrarOLkG"), the...more

JONES DAY TALKS®: Private Antitrust Litigation in France [Audio]

Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings...more

Global Merger Control Update | Winter 2021

This Jones Day Global Merger Control Update highlights significant changes in merger control regimes in 2020. In this Update, we review: (i) changes in Australia, Belgium, Botswana, Bulgaria, Ecuador, France, Germany,...more

European Commission Unveils Sweeping Proposals to Regulate the Digital Sector

The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more

China Publishes Long-Awaited Anti-Monopoly Guidelines for the Automobile Industry

The Anti-Monopoly Bureau ("AMB") of China's State Administration for Market Regulation ("SAMR") recently released four sets of long-awaited anti-monopoly guidelines, including the Anti-Monopoly Guidelines on the Automobile...more

EU Court Overturns Commission Decision in Landmark Apple Tax Case

The Development: The EU General Court annulled the European Commission's decision in the Apple case, holding that the Commission did not prove that the Irish tax rulings in question gave rise to a selective advantage under EU...more

EU Court Raises Bar for Commission to Block Certain Mergers

The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company. In a rare judgment, the...more

Jones Day Global Merger Control Update - April 2019

This Jones Day Global Merger Control Update examines recent developments in merger control regimes, as well as anticipated changes to those regimes worldwide. Merger control enforcement has continued to surge around the...more

Economic Evidence in Merger Review: EU's Highest Court Clarifies Rights of Defense

The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS's rights of defense when it failed to provide UPS with the final economic model used in its decision to...more

Antitrust Alert: The French Competition Authority Publishes Guidance on Settlement Procedures

In December 2018, the French Competition Authority ("FCA") published a notice clarifying the FCA's settlement procedure in competition cases ("Notice"). The FCA’s General Rapporteur may offer settlement to companies that...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part II)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Antitrust Alert: French Competition Authority Concludes Online Advertising Sector Inquiry And Announces Possible Further Actions

The French Competition Authority ("FCA") has published the results of its sector-specific inquiry into display online advertising. The 125-page opinion of March 6, 2018, ("Opinion") identifies potential competition concerns...more

Jones Day Global Merger Control Update

This is the latest Jones Day Global Merger Control Update, which discusses recent developments in current merger regimes, as well as the emergence of new merger control regimes worldwide. Over the past few years, merger...more

Online Trade Under Antitrust Scrutiny in EC's E-Commerce Sector Inquiry Final Report

On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for...more

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