In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger control and FDI regulation, cartel enforcement, rights of defence, judicial review, and much more.
Renewable Energy, Sustainability & Recycling
China Introduces Revisions to Merger Notification Thresholds
Antitrust Review Episode 20: In Conversation With Gina Cass-Gottlieb
In the latest episode of Antitrust Review, host Nick Levy is joined by Gina Cass-Gottlieb, Chair of the ACCC, the Australian Competition and Consumer Commission.
The French Competition Authority publishes its revised leniency guidelines
On December 15, 2023, the French Competition Authority (“FCA”) published its Revised Leniency Guidelines, which repealed and replaced the 2015 guidelines.[1] The Revised Leniency Guidelines were adopted as part of the implementation of the “DDADUE” law,[2] the ECN+ directive,[3] and the “Damages” directive.[4] They aim to provide greater legal certainty for leniency applicants and modernize the leniency application procedure.
UK CMA Publishes Green Agreements Guidance
On 12 October 2023, the UK’s Competition and Markets Authority (CMA) published new Green Agreements Guidance on the application of the Chapter I prohibition in the Competition Act 1998 to environmental sustainability agreements (the Guidance).
Key Competition Law Takeaways From the 2023 G7 Joint Competition Enforcers and Policy Makers Summit
On November 8, 2023, the Japan Fair Trade Commission (“JFTC”) held the G7 Joint Competition Enforcers and Policy Makers Summit (the “Summit”) in Tokyo. The focus of the Summit was for the G7 competition authorities and policymakers (the “Authorities”) to discuss effective approaches to enforcing and promoting competition in digital markets. At the Summit, the Authorities adopted the “Digital Competition Communiqué”[1] (the “Communiqué”) and updated the “Compendium of approaches to improving competition in digital markets”[2] (the “Compendium”).
Antitrust Review Episode 17: In Conversation With Dr. Jorge Padilla
In the latest instalment of Cleary’s Antitrust Review, host Nick Levy is joined by Dr. Jorge Padilla, one of Europe’s…
European Commission asserts merger control jurisdiction over non-reportable deals for first time after Illumina/Grail
On August 17, 2023, the European Commission (EC) decided to review Qualcomm’s acquisition of the Israeli-based semiconductor company Autotalks, even though the deal was not reportable at EU or Member State level. Just one day later, on August 18, 2023, the EC also accepted jurisdiction over another non-reportable deal – European Energy Exchange’s (EEX) acquisition of Nasdaq’s European power trading and clearing business (Nasdaq Power).
FTC & DOJ Propose Radical Changes to Merger Guidelines
The new draft guidelines depart from decades of practice by introducing novel presumptions that could make it harder for mergers to obtain regulatory clearance from the agencies.
On July 19, 2023, the FTC and DOJ published draft merger guidelines.[1] Historically, the purpose of these guidelines has been to provide the public, including companies whose transactions are potentially subject to agency review, with information about how the agencies analyze mergers to identify potential competitive harm. The guidelines have no force of law and are not binding on the courts, though courts have relied on them as persuasive authority to varying degrees. Past iterations of the guidelines have therefore provided a neutral explanation of the agencies’ approach, including descriptions of the economic tools that they and the courts can use to assess a merger’s likely competitive effects.
Once Again, New Powers For The Federal Cartel Office: German Parliament Passes The Government’s Draft Bill On The 11th Amendment To The German Act Against Restraints Of Competition
On July 5, 2023, the German Parliament (Bundestag) passed the Competition Enforcement Act, amending the German Act Against Restraints of Competition (“ARC”) for the 11th time (“11th Amendment”). This comes only two and a half years after the last significant amendment in 2021, which granted the Federal Cartel Office (“FCO”) unprecedented investigative powers.[1] The 11th Amendment once again equips the FCO with additional enforcement powers.