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New Merger Control Thresholds in Germany

The German legislator just paved the way for the introduction of new merger control filing thresholds. Based on a recently adopted amending law to the German Act against Restraints of Competition, Germany’s merger control...more

Brussels Regulatory Brief: April

On 13 March 2017, it was announced that a United States (“U.S.”) chipmaker will acquire an autonomous vehicle technology company based in Israel for approximately USD 15.3 billion. This transaction may provide an interesting...more

The Italian Council of State Provides Welcome Clarifications Regarding the Standard of Proof That the Italian Competition...

The Italian Council of State (“CdS”) has recently annulled a EUR 29 million fine imposed by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) in 2015 on two insurance companies for...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Brussels Regulatory Brief: March

On 8 February 2017, the Commission announced it had imposed fines totaling almost EUR 68 million on three companies for participating in a cartel to fix purchase prices of scrap lead-acid automotive batteries. The cartel...more

OECD: Italy Should Approve its Proposed Competition Legislation ‘Swiftly’, Including the Reform of the National Merger Filing...

On 15 February 2017, the Organization for Economic Cooperation and Development (“OECD”) published its economic survey of Italy. Among other things, the 156 page report recommends that Italy passes its proposed competition...more

2/23/2017  /  Competition , Italy , Mergers , OECD

Brussels Regulatory Brief: February

On 1 January 2017, the torch of the Presidency of the Council of the European Union (“EU”) was passed from Slovakia to Malta. The Presidency rotates every six months between the EU Member States, but continuity is guaranteed...more

Italy Implements EU Directive on Damages for Breaches of Competition Law

On 14 January 2017, following the approval by the competent parliamentary committees, the Italian Government has definitively adopted Legislative Decree n. 3 of 2017 (“Decree”) implementing in Italy Directive 2014/104/EU on...more

Brussels Regulatory Brief: December

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

Brussels Regulatory Brief: November

The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more

Italy to Implement EU Directive on Damages for Breaches of Competition Law

On 27 October 2016, the Italian Government adopted a draft decree (“Draft Decree”) implementing Directive 2014/104/EU on antitrust damages actions (“Directive”), which aimed at making easier for victims of antitrust...more

European Commission’s Preliminary Report in the E-Commerce Sector Inquiry: Highlighting Risk Areas for Suppliers of Branded Goods

In September, the European Commission published its much-awaited Preliminary Report in the e-Commerce Sector Inquiry, launched last May 2015. Although the primary focus of the Commission’s Inquiry is on restrictions limiting...more

Brussels Regulatory Brief: October

The European Commission (“Commission”) has recently imposed a record fine of EUR 2.93 billion on some of the largest truck producers for their involvement in a cartel lasting 14 years and covering the entire European Economic...more

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

Italian TV Services Case Brings Welcome Clarity on the Legality of Information Exchanges among Competitors

The Italian Administrative Tribunal of Lazio Region (the “TAR”) recently overturned the fines imposed by the Italian Competition Authority (“ICA”) against a number of post-production TV companies and a trade association for...more

UK Competition Authority Challenges Online Resale Ban

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) announced that it had sent a statement of objections to Ping Europe Limited, a golf equipment manufacturer, alleging that Ping had breached EU and UK...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Italy May Review its Merger Filing Threshold

Consistent with its annual review of the merger filing thresholds, in March this year the Italian Competition Authority (the “AGCM”) updated the turnover thresholds above which transactions must be notified to the AGCM prior...more

CJEU Reaffirms Independence of EU and Member States Leniency Programs

The Court of Justice of the EU (“CJEU”) recently issued a seminal preliminary ruling on the relationship between EU leniency programs and the leniency programs of Member States. The CJEU reaffirms that EU and Member State...more

Brussels Regulatory Brief: February 2016

The Court of Justice of the European Union (‘CJEU’) has recently clarified how participation in cartels can be presumed under EU competition rules. An online booking system used for package holidays had sent to travel agents...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

Brussels Regulatory Brief: July

Antitrust and Competition - European Court Confirms Commission’s Jurisdiction for Fighting International Cartels On 9 July 2015, the Court of Justice of the European Union (‘CJEU’) upheld the EUR 288 million fine...more

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