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.
New EU Rules for Regional Subsidies to Enter Into Force
Businesses applying for aid in disadvantaged regions of the EU will face new rules after December 31, 2021.
The new
Cleary Gottlieb Antitrust Developments in Europe 2020
Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present
COVID-19, Green And Digital Transition, European Single Market: The Commission Outlines The New Challenges Facing EU Competition Policy
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.
Isabelle de Silva Steps Down as Head of the French Competition Authority
October 13, 2021 marked the end of Isabelle de Silva’s five-year term as President of the FCA.
FCO’s New Guidelines On Lenieny And Antitrust Fines
On October 11, 2021, the FCO published two new guidelines, the leniency guidelines and guidelines on the setting of antitrust fines.[1] Both guidelines reflect revisions to the Act against Restraints of Competition (“ARC”) resulting from the 10th Amendment of the ARC earlier in 2021.[2] While the leniency program was legally anchored only by the 10th Amendment of the ARC, the FCO’s new leniency guidelines largely correspond to the former guidelines as issued in 2000 and updated in 2006. In contrast, the FCO’s new fining guidelines substantiate several important methodical changes introduced to the law by the 10th Amendment of the ARC and implement judicial practice which has in the past differed considerably from the FCO’s principles in some cases.
The TAR Lazio Upholds an ICA Interim Cease and Desist Order Against National Associations in the Cinema Sector
On September 7, 2021, the TAR Lazio rejected the applications brought by associations of undertakings Anica, Anec and Anec Lazio (jointly the “Applicants”),[1] representing the Italian film and audiovisual industry, for the annulment of a decision in which the ICA imposed an interim cease and desist order in proceedings concerning an alleged anticompetitive conduct in relation to free outdoor film screenings.[2]
Commission Continues Quest for Green Revolution With Competition Policy in Support of Europe’s Green Ambition
On September 10, 2021, the European Commission published a policy brief on “Competition Policy in Support of Europe’s Green Ambition” (the “Policy Brief”).[1] A year after Executive Vice-President Margrethe Vestager called for a greener EU competition policy,[2] the Policy Brief summarizes the key takeaways from the stakeholder consultation and sets out the Commission’s ambitions for a greener competition policy. The key message being that “a green competition policy still has to be – well, a competition policy.”[3]
Ne Bis In Idem and EU Law: One Test To Rule All?
On September 2, 2021, Advocate General (“AG”) Bobek issued his opinions on two preliminary ruling requests, Bpost[1] and Nordzucker (the “Opinions”),[2] recommending to harmonize the principle of ne bis in idem—otherwise known as the double jeopardy test—in the EU, as it applies to all branches of EU law. AG Bobek suggested that application of the ne bis in idem principle should be based on a “triple identity” test: namely, of the offender, the relevant facts, and the protected legal interest.[3]
The UK Office for the Internal Market Is Officially Launched
In September 2021, the UK Competition and Markets Authority (CMA) announced the official launch of the Office for the Internal Market (OIM), a new unit within the CMA intended to support the effective operation of the UK internal market through monitoring, publishing reports and advice, and making recommendations to the Government. This article examines (i) what the OIM does and why it was introduced; (ii) how the OIM proposes to carry out its functions; (iii) the OIM’s information gathering powers; and (iv) broader implications for UK competition policy.