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 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.
Competition and Markets Authority v Michael Christopher Martin
On 3 July 2020, the High Court handed down its judgment on an application by the CMA under the Company
Commission Publishes 2019 Annual Activity Report
On July 9, 2020, the Commission published its annual report on competition policy, setting out the Commission’s main policy and legislative initiatives, as well as key decisions adopted in 2019.[1]
Dortmund Regional Court on Group Liability for Cartels Damages
On July 8, 2020, the Dortmund Regional Court for the first time considered a group liability of all companies forming an economic unit for cartel damages.[1] The court concluded—in line with the Court of Justice of the European Union’s (“CJEU”) recent case law—that the broader notion of an “undertaking” (in the sense of the economic unit) under EU law also applies in damages actions under national law.
The Commission Invites Feedback on the 1997 Market Definition Notice
On June 26, 2020, the Commission opened a public consultation on the 1997 Market Definition Notice (the “Notice”), which sets out the Commission’s formal guidance on the definition of the relevant product and geographic market in competition cases.[1] Until October 9, 2020, anyone interested may visit the Commission’s website (here) and submit comments and respond to the Commission’s questionnaire about the relevance, effectiveness, efficiency, coherence, and value of the Notice as a guidance instrument.
The Commission Launches its Public Consultation on the Review of the Vertical Block Exemption Regulation and Publishes a Roadmap for its Future Review of the Motor Vehicle Block Exemption Regulation
On June 2, 2020, the Commission published two inception impact assessments[1] and two public consultations which address two new policy initiatives: (1) a new market investigation tool (“new competition tool”);[2] and (2) a regulatory instrument that would ex ante govern large online platforms that act as gatekeepers with significant network effects in the European Union’s internal market.[3] These initiatives are part of the Commission’s wider efforts to modernize EU competition law in an era of digitalization. Stakeholders are invited to submit their comments up until September 8, 2020[4] and the impact assessments are expected to be submitted to the Regulatory Scrutiny Board of the Commission and be finalized in the fourth quarter of 2020.