On August 5, 2022, the Italian Parliament adopted Law No. 118, the “2021 Annual Competition Law” (the “ACL”). The ACL, which will enter into force on August 27, 2022, amends the Italian Competition Law (Law No. 287/90) in various respects.
Chambers Merger Control 2022 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
New UK Framework for Vertical Agreements Finalised
Thank You for the Music – CMA Publishes Update in Music and Streaming Study
On 26 July the CMA published an Update Paper in its music and streaming market study (launched 27 January).[1] The Update Paper sets out the CMA’s preliminary findings halfway through its study into how well competition works in music streaming.
Antitrust Review Episode 1: In Conversation With Andrea Coscelli
Welcome to Cleary Gottlieb’s Antitrust Review – a podcast focused on antitrust enforcement, policy and practice.
In a complex and
Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions
In a significant judgment rendered on July 13, 2022 (“Judgment”), the EU’s General Court validated the position taken by the European Commission (“EC”) in a March 2021 Guidance Paper encouraging national competition authorities (“NCAs”) to use Article 22 of the EU Merger Regulation (“EUMR”) to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.
Digital Markets Act Final Text Approved in European Parliament and European Council
On July 18, the European Council approved the final text of the DMA, marking the final step before the DMA enters into force. This followed the European Parliament approving, on July 5, the final text of the Digital Markets Act (DMA), by 588 votes to 11. The DMA is likely to enter the EU’s Official Journal in October, which means the behavioural rules will kick in early-to-mid 2024.
CMA’s Approach to Online Choice Architecture
Introduction
The UK Competition and Markets Authority (CMA) has recently published a Discussion Paper and accompanying Evidence Review on “Online Choice Architecture” (OCA). This provides a helpful overview of the CMA’s approach to analysing choice architecture, recognising that some practices are likely to be harmful to consumers but others may be beneficial.
CMA to be Given New Powers to Enforce Consumer Law and Impose Significant Fines
The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers.
European Commission Seeks Feedback on Antitrust Procedural Framework
On June 30, 2022, the European Commission (“EC”) launched a public consultation seeking feedback on the performance of Regulation 1/2003[1] and Regulation 773/2004[2] (the “Regulations”), which govern the enforcement procedure of EU antitrust law.[3] Interested parties are invited to provide comments by October 6, 2022.