Energy, Chemicals & Infrastructure

On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP.  Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition. 

On September 17, 2024, the President of the European Commission, Ursula von der Leyen, announced the structure of the new Commission and her nominees to serve as Commissioners for the upcoming 5-year term (2024-2029). Each of these nominees will be scrutinized and need to be confirmed by the EU Parliament in the coming weeks.

On September 14, 2024, China’s SAMR published streamlined notification and publicity forms for cases reviewed under its simplified merger review procedure (“Simple Cases”).  The revised forms will take effect as of October 12, 2024.

On September 5, 2024, the European Commission (“Commission”) published a Staff Working Document[1] summarizing the outcome of an evaluation of Regulations 1/2003 and 77/2004, which govern the procedural framework for enforcing EU competition rules under Articles 101 and 102 TFEU (“EU Antitrust Enforcement Framework”).  On the same day, the Commission adopted a report on the use of interim measures by National Competition Authorities (“NCAs”).[2]

On July 4, 2024, the Court of Justice delivered its judgment in the Westfälische Drahtindustrie and Others v. Commission case,[1] addressing Westfälische Drahindustrie GmbH’s (“WDI”) challenge to the Commission’s request for interest payments on the fine imposed on WDI for its participation in a cartel in the prestressing steel sector. This judgment confirms that interest on fines levied by the Commission begins to accrue from the day indicated in the Commission’s decision, even if the EU courts later redetermine the amount of the fine.

On April 3, 2024, the European Commission (“Commission”) launched two in-depth investigations into tenders by Chinese solar photovoltaic suppliers under the EU Foreign Subsidies Regulation (“FSR”).[1]  The investigations relate to a public procurement procedure launched on September 27, 2023 by a Romanian contracting authority (Societatea Parc Fotovoltaic Rovinari Est S.A.) for the design, construction, and operation of a photovoltaic park with an installed capacity of 454.97 MW.[2]

On April 17, 2024, the former Italian Prime Minister, Enrico Letta, published a report outlining the future of the EU’s single market (the “Report”).[1]  Letta proposed significant reforms, including the addition of a fifth freedom to spur innovation, consolidation in key sectors to enhance global competitiveness, and a new framework for State aid governance.

In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger control and FDI regulation, cartel enforcement, rights of defence, judicial review, and much more.

On February 27, 2024, the French Competition Authority (“FCA”) published its roadmap for 2024-2025 as every year,[1] outlining its enforcement priorities for the year ahead.  The FCA emphasized the need to take action in the same key areas of interest as in 2023[2]: (i) the digital economy, (ii) sustainability and the ecological transition, and (iii) the protection of purchasing power. 

More than one and half year after the amendments to China’s Anti-Monopoly Law (the “AML”) came into effect, the State Council of China approved on December 29, 2023 and published on January 26, 2024 revisions[1] to China’s merger control notification thresholds (the “State Council Order”).[2]