In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by the team of lawyers
Illumina/GRAIL: ECJ Rules European Commission Lacks Jurisdiction to Review Merger Falling Below EU and National Merger Thresholds
On September 3, 2024, in a landmark decision, the European Court of Justice – the EU’s highest court – ruled in favor of Illumina in its challenge to the EC’s unprecedented assertion of jurisdiction over a transaction that met no notification thresholds at either EU or Member State level.
Antitrust Review Episode 29: In Conversation with Barry Hawk
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Barry Hawk, one of antitrust
Westfälische Drahtindustrie and Others v. Commission (Case C-70/23 P): The Court of Justice Confirms European Courts Do Not Have The Power To Impose New Fines
On July 4, 2024, the Court of Justice delivered its judgment in the Westfälische Drahtindustrie and Others v. Commission case,[1] addressing Westfälische Drahindustrie GmbH’s (“WDI”) challenge to the Commission’s request for interest payments on the fine imposed on WDI for its participation in a cartel in the prestressing steel sector. This judgment confirms that interest on fines levied by the Commission begins to accrue from the day indicated in the Commission’s decision, even if the EU courts later redetermine the amount of the fine.
Lufthansa/ITA: A New Era of Stringent Airline Merger Remedies
On July 3, 2024, the Commission conditionally approved Deutsche Lufthansa AG’s (“Lufthansa”) and the Italian Ministry of Economy and Finance’s (“MEF”) joint control of ITA Airways (“ITA”). [1] The approval is contingent upon full compliance with the commitments.
The EU Foreign Subsidies Regulation in Practice: First Cases and Enforcement Trends
Almost eight months since taking full effect, the EU’s enforcement agenda for the Foreign Subsidies Regulation (FSR) is coming into focus. The European Commission (EC) has launched several in-depth and ex officio cases, and reviewed over 150 notifications.
Antitrust Review Episode 26: In Conversation With Damien Gerard
In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Damien Gerard, Prosecutor General
Mondelēz Fined €337.5 Million For Breaching EU Antitrust Rules Through Cross-Border Restrictions
U.S. based snacks company, Mondelēz, has been found to have engaged in 22 anti-competitive agreements or concerted practices by the Commission. The Commission also found that Mondelēz abused its dominant position in the market for the sale of certain types of chocolate bars in several countries. After a three-year investigation during which Mondelez followed the cooperation process, they have agreed to settle the investigation, with the Commission announcing a €337.5 million fine for hindering cross-border trade of chocolates, biscuits, and coffee products between Member States, in violation of EU competition rules.
Antitrust Review Episode 25: In Conversation With Bill Kovacic
In the latest installment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy welcomes Bill Kovacic, a legend in the
Turning up the Heat: the Commission’s Interest in Labor Markets
On May 3, 2024, the European Commission (“Commission”) published a Policy Brief (“Brief”) on antitrust in labor markets. The Brief reflects the Commission’s growing interest in restrictive labor market agreements, in particular wage-fixing and no-poach agreements.[1]