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.
The French Competition Authority sanctions a French bakery-pastry equipment manufacturer and its distribution network for implementing vertical agreements
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]
The French Competition Authority Introduces the First Network Visualization Tool To Explore Its Publications
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.
The French Conseil Constitutionnel Decides in Favour of Constitutional Right of Appeal of FCA’s Decisions Rejecting Commitments During Antitrust Proceedings
On February 10, 2023, the French Constitutional Council (“Conseil constitutionnel”) considered that the second sentence of Article L. 464-2, I, paragraph 1 of the French Commercial Code, which provides that the French Competition Authority (“FCA”) may accept commitments in the context of antitrust litigation proceedings, but says nothing about its power to refuse them, complies with the French Constitution and, on this occasion, confirmed that companies can lodge appeals again FCA decisions rejecting suggested commitments.[1]
The Paris Court of Appeals Quashes the French Competition Authority Decision Fining Three Pharmaceutical Companies for Alleged Collective Dominance Practices
On February 16, 2023, the Paris Court of Appeals overturned the French Competition Authority (the “FCA”) decision which
The French Competition Authority provides its opinion on certain provisions of a French draft law aimed at securing and regulating the digital space
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]
Antitrust Review Episode 12: In conversation with Henri Piffaut
In the latest episode of Cleary Gottlieb’s Antitrust Review, host Nick Levy is joined by Henri Piffaut, Vice-President of the
Advocate General Rantos’ Opinion In Autoridade Da Concorrência and ECP (Case C-331/21) On The Notion Of Potential Competition And The Distinction Between Restrictions “By Object” And “By Effect”
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.
UK Government Prefers ‘Context-specific Guidance’ Instead of Formal New Regulation for Artificial Intelligence Technology
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.
The French Competition Authority imposes cartel fine on market intelligence company Ellisphere
On April 12, 2023, the French Competition Authority (“FCA”) imposed a €3.5M fine on market intelligence company Ellisphere for price-fixing and market-sharing practices, marking the first successful application of the watchdog’s leniency regime since it was reformed under the ECN+ Directive.[1]