Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
The French Cour de cassation confirms that French rules on practices restricting competition apply to subcontracting agreements
On January 11, 2023, the French Cour de cassation partly quashed a decision of the Paris Court of Appeals. The French Cour de cassation considered that the Paris Court of Appeals had rightly held that the provisions of the French Commercial Code on practices restricting competition apply in the context of subcontracting relations, but erred in its application of these provisions.[1]
The French Cour de cassation provides further clarification of the scope of the protection afforded to attorney-client communications in the context of dawn raids
In a ruling dated January 10, 2023, the French Cour de cassation quashed an order of the Paris Court of Appeals that had annulled the seizure of attorney-client communications during a consumer law dawn raid on the grounds that they were covered by “legal privilege,” thereby excluding the application of the concept under French law.[1] Although the case relates to alleged breaches of consumer law, its reasoning can be transposed to matters relating to competition law dawn raids.
FTC Proposes Rule to Ban Non-Competes
On January 5, 2023, the U.S. Federal Trade Commission (“FTC”)proposed a rule that would prohibit employers from entering into non-compete agreements (“non-competes”) with workers and require them to rescind all existing non-competes by written notice.
The French Competition Authority opens an in-depth investigation into the proposed creation of an airport catering joint venture between Aéroports de Paris and British caterer Select Service Partner
On January 9, 2023, the French Competition Authority (“FCA”) opened an in-depth (“Phase 2”) investigation into the proposed creation, by Aéroports de Paris (“ADP”) and British caterer Select Service Partner (“SSP”), of a full-function joint venture for the operation of catering services at Paris-Orly and Paris Roissy-Charles de Gaulle airports.[1]
HSR Filing Fee Changes Impose New Tax on M&A Activity
The recent Consolidated Appropriations Act of 2023 includes significant changes to the filing fees for Hart Scott Rodino Act filings.
The Commission Continues to Narrow In On Digital Platforms
December saw the Commission nearing the end of its investigations against Meta’s and Amazon’s alleged self-preferencing practices.
Advocate General Rantos Gives Red Cards To The Super League And The General Court in European Super League and International Skating Union
On December 15, 2022, Advocate General Rantos delivered his opinions in the European Super League (“ESL”) and International Skating Union (“ISU”) cases. Both cases concern the application of EU competition rules to sport governing bodies. Advocate General Rantos’ opinions suggest that sport governing bodies may prohibit third-party events and impose sanctions on the relevant participants as long as the governing bodies’ decisions are inherent and proportionate to achieving a legitimate objective relating to the “specific nature of sport” and the “European Sports Model.”[1]
Antitrust Review Episode 7: In Conversation With Andreas Mundt, President of the Bundeskartellamt
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Andreas Mundt, President of the Bundeskartellamt.
Commission Publishes Q&A On The Implementation Of Its Guidance For The Application Of Article 22 EUMR Referral
On December 12, 2022, the Commission published Frequently Asked Questions and Answers (“Q&A”)[1] on the application of Article 22 of the EU Merger Regulation (“EUMR”). While this represents a step in the right direction, the Q&A fails to provide enough clarity given the ample discretion Article 22 EUMR affords the Commission in reviewing mergers that do not meet EU-level notification thresholds.