The Commission has recently revealed its plan to review two foundations of EU competition law enforcement: Regulation 1/2003 and the Leniency Policy.
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.
Update on Europe’s Digital Regulations – What’s Next For Big Tech
On March 24, 2022, the European Parliament, the Commission and the EU Member States reached an agreement on the text of the Digital Markets Act (“DMA”). And on April 23, 2022, the same set of EU bodies reached political agreement on the final text of the Digital Services Act (“DSA”). The new legislations will now make their way through the final procedural hurdles over the summer.
FCO’s Third Market Power Report Finds Market Dominance In The Electricity Generation Sector And Analyses New Framework Conditions For The Provision Of Balancing Energy
On February 17, 2021, the German Federal Cartel Office (“FCO”) published its third report on market power in the electricity generation sector (“Market Power Report”), analyzing the competitive landscape from October 1, 2020 to September 30, 2021.[1] Again, the FCO published its results one year earlier than statutorily required because of the continuing phase-out of nuclear and coal energy.
Revision of Vertical Rules: Further Clarity On Dual Distribution Rules?
On February 4, 2022, the Commission released a revised draft dual distribution guidance[1] within the broader context of the ongoing review of EU vertical rules.
The French Cour de Cassation Expands the Scope of the French Legal Privilege To Certain In-house Communications
On January 26, 2022, the Criminal Chamber of the French Cour de cassation (the French Supreme Court) has ruled for the first time that companies’ internal documents summarizing or forwarding outside counsel’s legal advice in connection with anticipated litigation are protected by the French legal privilege (secret professionnel). The French case law is therefore gradually moving closer to the EU one.
The French Cour de Cassation Expands the Scope of the French Legal Privilege To Certain In-house Communications
On January 26, 2022, the Criminal Chamber of the French Cour de cassation (the French Supreme Court) has ruled for the first time that companies’ internal documents summarizing or forwarding outside counsel’s legal advice in connection with anticipated litigation are protected by the French legal privilege (secret professionnel). The French case law is therefore gradually moving closer to the EU one.
The Commission Publishes 1st Final Report in the Consumer IoT Sector Inquiry
On January 20, 2022, the Commission published its final report (the “Report”) in the consumer Internet of Things (“IoT”) sector inquiry.[1] The Report identifies antitrust concerns relating to consumer IoT, and sets out policy implications stemming from these concerns.
FCO Increases Scrutiny Of Waste Recycling Takeovers
On January 19, 2022, the German Federal Cartel Office (“FCO”) launched a new sector inquiry into the waste management sector in preparation to order Rethmann SE & Co. KG (“Rethmann Group”) to notify future acquisitions of smaller waste management companies.[1]
U.S. & EU Antitrust: Developments and Outlook in 2022
In the 2021 edition of this memo, we wrote that antitrust in 2020 received more political and media attention than at any recent time. 2021 beat that standard in multiple ways, and 2022 looks to continue that trend. In addition to continuing the major tech cases brought under the Trump administration, 2021 saw unprecedented levels of legislative activity in antitrust (both federal and state), competition policy taking a leading position across federal agencies and startling new approaches at the Federal Trade Commission (FTC) in particular – new approaches that, while they haven’t yet produced a wave of new enforcement actions, have required changes in thinking about and approaching antitrust issues. We expect these trends to accelerate in 2022.