Technology, Media & Communications

In this episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by a panel featuring Jackie Holland, Cleary partner and former Senior Director of the UK Office of Fair Trading; Ricardo Zimbrón, former Director of Mergers at the Competition & Markets Authority and currently a partner at Cleary; Alexander Baker, CEO, Fingleton; and John Gray, Partner, FGS Global, to discuss the implications of the new Labour Government for competition enforcement and practice in the UK. Their conversation covers an array of topics, including the new government’s growth agenda, the role of politics in antitrust enforcement, merger control, consumer protection, digital regulation, and much more.

On September 9, 2024, Mario Draghi, former President of the European Central Bank and former Italian Prime Minister, presented his report on the Future of European Competitiveness (the “Report”), with the objective to inform the work of the incoming Commission.  Featured in President von der Leyen’s Political Guidelines issued in July,[2] and in several mission letters for the new Commissioners, the Report revived the debate concerning the competitiveness of EU companies in global markets.

On September 5, 2024, the European Commission (“Commission”) published a Staff Working Document[1] summarizing the outcome of an evaluation of Regulations 1/2003 and 77/2004, which govern the procedural framework for enforcing EU competition rules under Articles 101 and 102 TFEU (“EU Antitrust Enforcement Framework”).  On the same day, the Commission adopted a report on the use of interim measures by National Competition Authorities (“NCAs”).[2]

On August 19, 2024, the French Competition Authority (“FCA”) unconditionally cleared Bouygues Telecom’s acquisition of sole control of La Poste Telecom (together “the Parties”) through the acquisition of La Poste Group’s 51% stake. SFR owned the remaining 49% of La Poste Telecom and had a right of first refusal on La Poste Group’s shares that were for sale, as well as a right of approval over the buyer of those shares.[1] The acquisition was completed on November 15, 2024.[2]

On July 17, 2024, the General Court dismissed ByteDance Ltd (“ByteDance”)’s appeal against the Commission’s decision designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[1]  This marks the first judgment interpreting the DMA’s provisions and clarifying some of its intervention thresholds. The General Court’s ruling follows its earlier rejection of ByteDance’s application for interim measures.[2]