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The UK Competition and Markets Authority (CMA) has cleared the Vodafone/Three[1]merger subject to behavioural remedies. The transaction will bring together two of the four largest UK mobile network operators and potentially transform the UK telecoms landscape. The CMA’s approval decision comes against the backdrop of widespread scepticism of consolidation in the mobile telecommunications sector across Europe.  It also departs from the CMA’s previous policy of seeking structural remedies to address competition issues and blocking problematic deals where no structural remedy could be found.

On December 5, 2024,[1] the Paris Court of Appeals (“Court of Appeals”) clarified the scope of its judgment of June 27, 2024, referring back the assessment of TDF’s acquisition of Itas to the French Competition Authority (“FCA”).[2]  The Court ruled that the referral was limited to further investigation, while the final decision would be taken by the Court of Appeals (not the FCA).

On December 4, 2024, the French Competition Authority (the “FCA”) sanctioned two airlines, Air Antilles and Air Caraïbes, and one specialised consultant for having implemented a strategy to increase prices and coordinate offers and conditions in the Caribbean inter-island aviation transport sector (the “Decision”).[1]  The FCA imposed total fines of €14.57 million, concluding a five-year old investigation.[2]

On November 28, 2024, the Commission published the results of an extensive ex-post study examining its past enforcement of merger control rules in the pharmaceutical sector (the “Study”).[1] 

On November 28, 2024, the French Competition Authority (“FCA”) conditionally cleared the acquisition of 200 former Casino stores by the Intermarché group.[1]  The FCA decision is conditional on the divestment of 11 stores to ensure that consumers have access to alternative offerings when purchasing mass-market products.

On November 14, 2024, the U.S. Department of Justice (“DOJ”) Antitrust Division (the “Division”) released guidance for the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). The Guidance will be used by the Division in assessing the adequacy and effectiveness of a company’s antitrust compliance program when making a charging or resolution decision.[1]

On November 19, 2024, the French Competition Authority (“FCA”) submitted a Report (“FCA Report”) to the Ministers for Energy and the Economy, on the national regulated tariffs for electricity (tarifs réglementés de vente d’électricité – “TRVs”).[1]  The FCA recommended to take practical measures to prepare the termination of the TRV mechanism, anticipating regulatory changes at the national and European levels in favor of market-based pricing.