Automotive & Mobility

On September 11, 2020, Commissioner Vestager during a speech at a conference[1] for the 30th anniversary of the EU Merger Regulation (“EUMR”),[2] outlined her vision on merger control policy for the upcoming years.[3] In anticipation of the Commission’s long awaited report on its 2016 consultation on the evaluation of procedural and jurisdictional aspects of EU merger control, Commissioner Vestager shed some light on the Commission’s position on (i) notification thresholds; (ii) the simplification of merger filing and review processes; and (iii) its reflections on the substance of merger review in certain sectors.

For more than a decade, the Vertical Block Exemption Regulation (“VBER”)[1] and the accompanying Guidelines on Vertical Restraints (“Guidelines”)[2] have been the essential point of reference for the assessment of resale and distribution arrangements[3] under EU antitrust rules. With the VBER set to expire in 2022, the Commission in 2018 launched a review process to determine whether it should let the regulation lapse, prolong, or revise it.[4] After almost two years of evaluation, stakeholder feedback, public consultations and dialogues with national authorities, on September 9, 2020, the Commission published its report summarizing the outcomes of the evaluation.[5] The report provides a detailed overview of the VBER’s shortcomings and points of strength, and paves the way for the possible introduction of a revised regulation within the next two years.

On September 2, 2020, the German Federal Cartel Office (“FCO”) published its Annual Report 2019/2020 (“Annual Report”) which includes an update on the FCO’s activities in the first half of 2020.[1]

On 2 September 2020, the US Department of Justice Antitrust Division (DoJ), the US Federal Trade Commission, the UK Competition and Markets Authority (CMA), the Australian Competition and Consumer Commission, the New Zealand Competition Commission, and the Canadian Competition Bureau signed a framework agreement to improve cooperation in competition investigations.

The COVID-19 pandemic has caused significant economic disruption, as a consequence of the prolonged and re-occurring shutdowns and the ongoing political and economic uncertainties.

On July 29, 2020, the Monopolies Commission published its Biennial Report XXIII.  The Monopolies Commission makes three main recommendations to strengthen the German and European competition regimes.[1]

On July 23, 2020, the FCA published its new guidelines on merger control[1] (the “Guidelines”), which came into effect on the same day and therefore replaced the previous guidelines issued in 2013.

Following a public consultation launched in July 2019,[1] the Commission adopted a guidance document[2] on the protection of confidential information in proceedings for the private enforcement of EU competition law based on the Antitrust Damages Directive (“ADD”).[3] The Confidentiality Guidance is intended for use by national courts to ensure consistency across Member States regarding access to and the protection of confidential information disclosed in private enforcement proceedings. The Communication is not binding and does not modify the rules applicable in different Member States, but rather outlines a number of measures and tools national courts may employ to help protect confidential information.

On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.[1]