On April 20, 2023, the Commission adopted the 2023 Merger Simplification Package (the “2023 Package”) designed to streamline its procedure under the EU Merger Regulation.[1] In particular, the 2023 Package (1) expands the types of concentration eligible for treatment under the simplified procedure, (2) streamlines the review of both simplified and non-simplified cases, and (3) simplifies the notification process.
The UK Government has published its long-awaited Digital Markets, Competition and Consumer Bill, including a wide-ranging and far-reaching set of reforms to UK competition and consumer law, along with a new regulatory regime for digital markets.
On April 25, 2023, the French Competition Authority (“FCA”) imposed a total fine of €2.95 million on Bongard and the members of its distribution network following a settlement procedure for their participation in two anticompetitive vertical agreements in the bakery and pastry equipment sector.[1]
On January 31, 2023, the French Competition Authority (“FCA”) presented an interactive network graph tool on its website that identifies references made in FCA antitrust publications (such as decisions, opinions and interim measures published between 2009 2021) to its other publications. The visualization tool represents these references in the form of a graph interconnecting FCA’s publications with one another.
On April 20, 2023, the French Competition Authority (the “FCA”) issued an opinion on three articles of an incoming French law aimed at securing and regulating the digital space (the “French draft legislation”), pending the coming into force of EU-wide rules (the “European Data Act”).[1]
On March 2, 2023, Advocate General Rantos delivered his opinion on the questions referred to the Court of Justice by the Lisbon Court of Appeals (referring court) in Autoridade da Concorrência and EDP.[1] The referring court seeks clarification on whether an association agreement between undertakings operating in different product markets can constitute an agreement with an anticompetitive object for the purposes of Article 101 TFEU,[2] and subject to what conditions.
Rapidly emerging artificial intelligence (AI) technology is poised to transform how businesses operate across almost all sectors, from social media to education to healthcare. Globally, governments and regulators are starting to react to the potential risks, but also opportunities, that AI and machine learning models can bring. Earlier this month, data protection authorities in Italy, Canada and South Korea have opened a series of investigations into data privacy issues related to OpenAI’s ChatGPT, with the Italian agency temporarily banning the use of ChatGPT in the country.
On February 28, 2023, the UK’s Competition and Markets Authority (“CMA”) demonstrated its thought leadership in the integration of sustainability and competition policy by publishing draft guidance (“Draft UK Guidelines”) on the application of competition rules to agreements between competitors to tackle environmental sustainability objectives.[1]
In 2021, the Commission announced that it would revisit 15-25 merger decisions adopted between 2012 and 2018 to evaluate whether its predictions during the merger control process regarding entry, expansion and imports materialized ex post, with the assistance of an external contractor.[1] In February 2023, the Commission issued a request for information in the context of this study, seeking information about the effects of the acquisition by Aegean Airlines of Olympic Air—one of the rare cases in which the regulator accepted the “failing firm” defense.[2] It has been reported that the Commission has also sent questionnaires regarding Orange/Jazztel,[3] Ryanair/Aer Lingus,[4] Ineos/Solvay.[5] The final report is scheduled for publication later this year.[6]