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 Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...more
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
8/15/2023
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
EU Merger Directive ,
European Commission ,
European Court of Justice (ECJ) ,
Horizontal Mergers ,
Judicial Review ,
Merger Controls ,
UK
In Short -
The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more
Background -
The Treaty on the Functioning of the European Union ("TFEU") prohibits Member States from selectively granting public financial support to businesses that distorts competition and affects trade among Member...more
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
8/12/2021
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Trade ,
Most-Favored Nations ,
Safe Harbors ,
Sales & Distribution Agreements ,
Supply Chain ,
V-BER (Vertical Block Exemption Regulation)
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
In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more
10/23/2019
/ Administrative Review ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
Exclusive Jurisdiction ,
Italy ,
Judicial Review
The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more
2/22/2018
/ Competition ,
Competition Authorities ,
Corporate Counsel ,
Customer-Loyalty Programs ,
EU ,
European Court of Justice (ECJ) ,
Exclusivity Clauses ,
Foreclosure ,
Italy ,
Rebates ,
Retailers ,
Treaty on the Functioning of the European Union (TFEU)