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.
Block Exemption Troubleshooting: How E-commerce Is Reshaping EU Antitrust Policy on Distribution Agreements
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.
The FCO’s Acitivites in the First Half of 2020
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]
CMA Signs ‘Five Eyes’ Cooperation Framework With U.S., Canadian, Australian, and New Zealand Competition Authorities
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.
Update on DG COMP’s Response to the COVID-19 Pandemic
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.
Monopolies Commission Biennial Report XXIII “Competition 2020”
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]
The Council of State Confirms the Reduction by 60% Of the Fines Imposed by the ICA on the Members of an Alleged Cartels in the Ready-mix Concrete Sector
On July 24, 2020, the Council of State upheld three judgments issued by the Regional Administrative Court of Lazio (the “TAR Lazio”) in 2017,[1] which reduced by 60% the amount of the fines imposed by the Italian Competition Authority (the “ICA”)[2] in 2015 on three firms operating in the area of Belluno, in the Veneto Region (namely, Superbeton S.p.A., F.lli Romor S.r.l. and F.lli De Pra S.p.A., together the “Companies”). In contrast, the Council of State dismissed the cross-appeals submitted by the Companies that aimed to challenge the ICA’s finding of infringement.[3]
The French Competition Authority Publishes New Guidelines on Merger Control
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.
Commission Adopts Guidance for National Courts When Handling Disclosure of Confidential Information in Private Cartels Follow-on Damages Litigation
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.
The Court of Justice Clarifies the Scope of the Commission’s Inspection Powers in Antitrust Proceedings
On July 16, 2020, the Court of Justice affirmed the judgement of the General Court in the Nexans v Commission, which upheld the Commission’s decision in the Power Cables cartel case.[1] In its judgment, the Court of Justice clarified the scope of the Commission’s inspection powers in antitrust proceedings under Article 20 of Regulation No. 1/2003.