On February 8, 2022, the German Federal Cartel Office (“FCO”) preliminarily found that Deutsche Lufthansa AG (“Lufthansa”) has to provide feeder flights for Condor Flugdienst GmbH’s (“Condor”) long-haul flights.[1] The FCO invited the parties to comment on its preliminary findings before issuing its decision.
On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.
On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022.
On January 12, 2022, former European Central Bank official Benoît Coeuré was appointed President of the French Competition Authority (“FCA”) following his hearing by both houses of the French Parliament.[1] He was unanimously appointed by members of the Commission for Economic Affairs of the Assemblée Nationale, while the Commission for Economic Affairs of the Sénat displayed a more balanced distribution of votes (only 12 in favor out of 22 votes cast).
On January 4, 2022, the Cour de cassation confirmed the rulings of the president of the Court of Appeals validating dawn raids carried out in May 2017 by the French Competition Authority (“FCA”) in the rendering sector.[1]
On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1] As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities. He underlined that also merger control will continue to serve as a key tool to achieve this goal. In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.
The UK Government has stated that the review of mergers in the UK “should be as efficient as possible, focusing its attention on mergers most likely to be harmful to competition and consumers, without unduly hindering benign investment.”[1] To that end, the UK has a voluntary, non-suspensive system of merger control, intended to promote greater flexibility and proportionality than a suspensory regime.
On December 16, 2021, the European Commission officially ‘took note’ of IAG and Globalia’s announcement to terminate their proposed agreement according to which IAG would acquire sole control over Air Europa.[1]
Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present
On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.