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.
Notice of Application Filed To Commence Collective Proceedings Against Govia Thameslink
On 16 December 2021, the CAT published a notice of application brought by Mr. Justin Gutmann to commence collective proceedings
IAG/Air Europa Becomes Second Abandonment Of A Planned Airline Merger In 2021
On December 16, 2021, the European Commission officially ‘took note’ of IAG and Globalia’s announcement to terminate their proposed agreement according to which IAG would acquire sole control over Air Europa.[1]
Monopoly Commission Presents 2021 Sector Reports On The Postal And Telecommunications Markets
The French Competition Authority Launches a Market Test To Assess Google’s Proposed Commitments in the “Related Rights” Case
In a press release dated December 15, 2021, the French Competition Authority (the “FCA”) announced the opening of a public consultation on Google’s proposed commitments in the “related rights” case. These commitments seek to address the preliminary competition concerns expressed by the FCA Investigation Services, who are still pursuing the proceedings on the merits following an interim measures decision issued in April 2020.
The European Commission Approves the Acquisition of Suez by Veolia, Subject to Remedies
On December 14, the Commission conditionally approved the proposed acquisition of Suez by Veolia (“the Transaction”) following review in Phase I.[1]
U.S. & UK Consult on Standard Essential Patents, Injunctions, FRAND Licensing, and Antitrust
The area of standards, and licensing of Standard Essential Patents (“SEPs”) on “fair reasonable and non-discriminatory terms (“FRAND”) is alive as ever. There are developments in three jurisdictions:
No “One-stop-Shop”: FCO Reviews Digital Merger in Parallel to the Commission
On December 9, 2021, following ex officio proceedings,[1] the German Cartel Office (“FCO”) concluded that the acquisition of customer relationship management software provider Kustomer, Inc., (“Kustomer”) by Facebook Inc., re-named Meta Platforms Inc. (“Meta”) since October 2021, is notifiable under the German merger control regime as it falls under the € 400 million transaction value threshold of the ARC[2] and asked Meta to submit documents to review the transaction.[3] On January 11, 2022, the parties notified the transaction to the FCO.
AG Rantos’ Opinion in Servizio Elettrico Nazionale and Others (Case C-377/20) Towards a Conceptual Approach To Identifying Exclusionary Abuses Under Article 102 TFEU
On December 9, 2021, Advocate General (“AG”) Rantos delivered his opinion on the questions referred to the Court of Justice (“ECJ”) by the Italian Consiglio di Stato in case Servizio Elettrico Nazionale.[1] The Consiglio di Stato is seeking clarification of certain aspects of the concept of “abuse” under Article 102 TFEU.
The French Competition Authority Sanctions Mayotte Import/Export Group for Obstruction Practices
On December 9, 2021, the French Competition Authority (the “FCA”) imposed a €100,000 fine on Mayotte Channel Gateway (“MCG”), the manager and operator of the Longoni port in Mayotte, together with its parent company, Société Nel Import Export, for refusal to comply with an FCA request for information.