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European Commission Anti-Competitive

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – May/June 2024

The firm is pleased to publish the May/June 2024 edition of the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe from the past two months into concise and actionable...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

White & Case LLP

The French Competition Authority officialises its “open door” policy to help companies with sustainability projects

White & Case LLP on

The French Competition Authority (“FCA”) is committed to an “open door” policy to support companies wishing to pursue projects around sustainable development. Continuing its informal policy since 2020, the FCA has published a...more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

White & Case LLP on

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Hogan Lovells

Commission investigation into termination of pipeline drug: what next for R&D decision-making?

Hogan Lovells on

The European Commission has opened a formal investigation into whether Zoetis, a US animal health company, has acted in breach of the abuse of dominance rules by terminating development of a pipeline drug: when does...more

K&L Gates LLP

Brussels Regulatory Brief: March 2024

K&L Gates LLP on

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more

A&O Shearman

Navigating the challenges in arbitrating competition law issues

A&O Shearman on

Once considered non-arbitrable, competition law disputes between private parties are increasingly being resolved by arbitration. Even where competition law issues are not at the heart of the dispute, parties are becoming...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

A&O Shearman on

Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

Dechert LLP

Pharmaceutical Sector Remains Key Area for EU Antitrust Enforcement

Dechert LLP on

The European Commission (EC) has published a report on competition law enforcement in the EU's pharmaceutical sector during the 2018-2022 period. The report, released on 26 January, provides detailed insights into the actions...more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – November/December 2023

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Hogan Lovells

Sport Meets Antitrust: The CJEU’s final whistle on sports and antitrust?

Hogan Lovells on

The last time the Court of Justice of the European Union (CJEU) extensively dealt with the intersection between sports and EU competition law was more than seventeen years ago. In the meantime, the sports sector has massively...more

Katten Muchin Rosenman LLP

Freedom of Breach: EU Commission Finds Pierre Cardin and Ahlers Group in Violation of Antitrust Rules - Katten Kattwalk | Issue 26

French fashion house Pierre Cardin (Cardin) and one of its oldest licensees, Ahlers Group (Ahlers), agreed to restrict cross-border sales and sales to specific customers. This is a clear breach of EU antitrust law, said the...more

Wilson Sonsini Goodrich & Rosati

EU General Court Confirms Antitrust Fines on Game Publishers for the Geo-blocking of Video Games in the EU

On September 27, 2023, the EU General Court (GC) rejected an appeal by Valve Corporation (Valve) of a January 2021 decision by the European Commission (Commission), which found that Valve and five PC video game publishers had...more

WilmerHale

The European Commission’s Unprecedented Prohibition of an Acquisition Based on “Ecosystem Concerns”

WilmerHale on

On September 25, 2023, the European Commission (EC) blocked the proposed acquisition by Booking Holdings, Inc. of Flugo Group Holdings AB (eTraveli). This is the EC’s first prohibition of a transaction this year and its...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

BCLP on

Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

BCLP on

The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

Morrison & Foerster LLP

Sustainability and Antitrust – Do the EU Commission’s New Horizontal Guidelines Bring Fresh Momentum to the Debate and Provide...

On June 1, 2023, the EU Commission (EC) adopted its New Horizontal Guidelines on the applicability of the EU’s prohibition of anticompetitive agreements (Art. 101 Treaty on the Functioning of the European Union (TFEU)),...more

A&O Shearman

Revised EU rules on horizontal cooperation agreements include guidance on sustainability initiatives, information exchange and...

A&O Shearman on

On 1 June 2023, the European Commission (EC) adopted revised Horizontal Block Exemption Regulations on research & development agreements (R&D BER) and specialisation agreements (Specialisation BER) (jointly referred to as...more

Skadden, Arps, Slate, Meagher & Flom LLP

New EU Competitors Cooperation Framework: Stricter on Information Exchange, Broader on Joint Sustainability Agreements

On June 1, 2023, the European Commission (EC) adopted a revised legal framework that block-exempts research and development (R&D) and specialisation agreements between competitors from the prohibition of anticompetitive...more

Jones Day

Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

Jones Day on

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

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies

In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more economics-led approach that the...more

A&O Shearman

Antitrust in focus - February 2023

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....more

White & Case LLP

UK CAT puts the brakes on the CMA’s extra-territorial investigation efforts into BMW and Volkswagen

White & Case LLP on

On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more

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