Updated on May 10, 2022
The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022.
The Italian Competition Authority Fines Ferry Operator For Excessive Pricing
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”).
The First Chinese Court Decision on Antitrust Issues In Labor Markets
Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on agreements between employers not to recruit or solicit each other’s employees—so-called “no poach” agreements. In a recent decision, a court in China held no‑poach and employee compensation-fixing agreements to be illegal, the first such court decision in the country. The court’s decision, however, reveals the difficulties in analyzing no-poach agreements within China’s existing antitrust regime and analytical framework. This article provides an overview of the Chinese court’s reasoning in its recent decision and a comparative assessment to the approach in the United States.
CMA Seeks Comments on Draft Guidance for Vertical Agreements Block Exemption Order
The UK Competition and Markets Authority (the “CMA”) is consulting on its draft guidance (“Draft Guidance”) for its proposed Vertical Agreements Block Exemption Order (“VABEO”). It invites comments by May 5, 2022.
Getting the Deal Through: Dominance 2022
Cleary Gottlieb lawyers have authored and edited Lexology’s Getting the Deal Through Dominance guide 2022, which addresses the most relevant questions on dominance and market power.
A Completed Merger Cannot Be Considered as Part of an Abusive Strategy in the Framework of a Later Article 102 Decision
The Regional Administrative Court of Lazio, Italy (the “TAR Lazio”), annulled a decision by which in 2020 the Italian Competition Authority (the “ICA”) had imposed a fine on CTS Eventim-TicketOne Group (“TicketOne”) for allegedly abusing its dominant position in the Italian market for the sale of tickets for pop and rock music concerts.[1]
Final Agreement Reached on Digital Markets Act: A Paradigm Shift In Digital Regulation
On Thursday, March 25, 2022, the European Parliament and EU Member States reached agreement on the final text of the Digital Markets Act (DMA). The DMA marks a paradigm shift in the regulation of digital markets, giving the European Commission unprecedented powers to regulate leading digital platforms and setting a global standard for other jurisdictions that are developing similar rules.
Third Circuit Affirms Court Decision and FTC Effort to Block Hospital Merger
On March 22, 2022, the Third Circuit upheld a district court decision granting a preliminary injunction against Hackensack Meridian Health’s plan to acquire Englewood Healthcare, pending the outcome of an administrative trial by the Federal Trade Commission.
New EU Guidelines for Horizontal Agreements: A Changing Climate for Sustainability Cooperation?
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.
Achilles v Network Rail: Signalling a Shift Towards More Standalone Competition Litigation?
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s earlier finding that Network Rail had breached Chapter 1 and Chapter 2 of the Competition Act 1998 (the “Act”).