On July 12, the CMA published its final guidance (the Guidance) accompanying the UK’s block exemption for vertical agreements (VABEO).[1]
Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions
In a significant judgment rendered on July 13, 2022 (“Judgment”), the EU’s General Court validated the position taken by the European Commission (“EC”) in a March 2021 Guidance Paper encouraging national competition authorities (“NCAs”) to use Article 22 of the EU Merger Regulation (“EUMR”) to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.
EU Regulation on Distortive Foreign Subsidies Set for Adoption
On 30 June 2022, the EU institutions reached political agreement on a new regulation which will allow the European Commission to control non-EU government subsidies given to businesses active in the EU (the “Regulation”).
The French Competition Authority publishes its annual report for 2021: a record year in terms of number of merger control decisions
On July 6, the French Competition Authority (“FCA”) published its annual report for the year 2021.[1] In particular, the report highlights (i) the key figures of the FCA activity in 2021, (ii) the reinforced investigative powers of the FCA and (iii) the roadmap for 2022-2023.
Vestager 2: What’s Going on in EU Antitrust Enforcement
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
Advocate General Szpunar’s Opinion on Disclosure of Evidence Created ex novo
On April 7, 2022, Advocate General Szpunar delivered his opinion on the interpretation of Article 5(1) of Directive 2014/104 (the “Damages Directive”) and on the scope of its rules on evidence production.[1] The Advocate General called on the Court of Justice to allow national courts to require defendants to disclose evidence of a type that would require the defendant to compile or classify information rather than merely produce existing material.
Revision of Regulation 1/2003 and the Commission’s Leniency Policy
The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
Airfreight Cartel: General Court Partially Annuls Commission Decision and Reduces Fines
On March 30, 2022, after a decade of litigation in over a dozen separate cases, the General Court partially annulled the Commission’s March 17, 2017 decision imposing a €776 million fine on air carriers for coordinated practices and agreements relating to air freight transport between 1999 and 2006.[1] The General Court upheld the Commission’s decision although, in six of 13 appeals lodged against the decision,[2] the Court found that the Commission had infringed procedural rights and/or failed to establish the participation of certain air carriers in certain parts of the infringement. The General Court reduced the corresponding fines and dismissed the remaining seven appeals in their entirety.
FCO Concerned Lufthansa Hinders Condor in its Long-Haul Flights
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.
Revision of Vertical Rules: Further Clarity On Dual Distribution Rules?
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.