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
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
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
The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related...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)
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
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
7/21/2020
/ Apple ,
BEPS ,
Corporate Taxes ,
EU ,
European Commission ,
Fiat ,
Government Investigations ,
Member State ,
OECD ,
Popular ,
Starbucks ,
State Aid ,
Transfer Pricing ,
Treaty on the Functioning of the European Union (TFEU)
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 Situation: The EU General Court annulled the European Commission's ("Commission") decision that Fondo Interbancario's support payment to financially distressed Banca Tercas breached EU State aid rules. Fondo Interbancario...more
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)
The Background: The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules.
The Issue: The Commission will investigate whether the UK's so-called Group...more
12/13/2017
/ Anti Tax Avoidance Directive (ATAD) ,
BEPS ,
Controlled Foreign Corporations ,
Economic and Financial Affairs Council (ECOFIN) ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
International Tax Issues ,
Multinationals ,
Parent Corporation ,
State Aid ,
UK
The Situation: The Italian Competition Authority has closed an antitrust investigation into the alleged anticompetitive exchange of information by 16 operators in the long-term car rental market and their industry...more