On July 6, the French Competition Authority (“FCA”) published its annual report for the year 2021.[1] In particular, the report highlights (i) the key figures of the FCA activity in 2021, (ii) the reinforced investigative powers of the FCA and (iii) the roadmap for 2022-2023.
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
On April 27, 2022, the European Commission (the “Commission”) approved a State aid scheme of €700 million of the French State “to support research, development and innovation projects by companies of all sizes and active across all sectors”[1] (the “French Scheme” or the “Scheme”). The French authorities estimate the number of beneficiaries of the scheme to range between 11 and 50 companies.[2] The scheme will be in place until December 31, 2023.
On April 7, 2022, Advocate General Szpunar delivered his opinion on the interpretation of Article 5(1) of Directive 2014/104 (the “Damages Directive”) and on the scope of its rules on evidence production.[1] The Advocate General called on the Court of Justice to allow national courts to require defendants to disclose evidence of a type that would require the defendant to compile or classify information rather than merely produce existing material.
The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
As the climate and biodiversity crises loom, coherent efforts are needed in all fields to get to “net zero”. Just as public action is needed, cooperation in the private sector may also prove indispensable to achieve sustainability goals in the short time available.
On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.
On January 18, 2022, the German Federal Cartel Office published a press release of its review of two sustainability initiatives. Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under competition law: It concluded that a proposed agreement in the milk sector to introduce surcharges for the benefit of milk producers was anticompetitive.
With the examination of two sustainability cooperations concerning living wages in the banana sector as well as the expansion of an animal welfare initiative, the German Federal Cartel Office (“FCO”) provided further guidance for the implementation of sustainability initiatives in the food retail industry.
On January 19, 2022, the German Federal Cartel Office (“FCO”) launched a new sector inquiry into the waste management sector in preparation to order Rethmann SE & Co. KG (“Rethmann Group”) to notify future acquisitions of smaller waste management companies.[1]