The recent Consolidated Appropriations Act of 2023 includes significant changes to the filing fees for Hart Scott Rodino Act filings.
The Commission Continues to Narrow In On Digital Platforms
December saw the Commission nearing the end of its investigations against Meta’s and Amazon’s alleged self-preferencing practices.
Advocate General Rantos Gives Red Cards To The Super League And The General Court in European Super League and International Skating Union
On December 15, 2022, Advocate General Rantos delivered his opinions in the European Super League (“ESL”) and International Skating Union (“ISU”) cases. Both cases concern the application of EU competition rules to sport governing bodies. Advocate General Rantos’ opinions suggest that sport governing bodies may prohibit third-party events and impose sanctions on the relevant participants as long as the governing bodies’ decisions are inherent and proportionate to achieving a legitimate objective relating to the “specific nature of sport” and the “European Sports Model.”[1]
Antitrust Review Episode 7: In Conversation With Andreas Mundt, President of the Bundeskartellamt
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Andreas Mundt, President of the Bundeskartellamt.
Commission Publishes Q&A On The Implementation Of Its Guidance For The Application Of Article 22 EUMR Referral
On December 12, 2022, the Commission published Frequently Asked Questions and Answers (“Q&A”)[1] on the application of Article 22 of the EU Merger Regulation (“EUMR”). While this represents a step in the right direction, the Q&A fails to provide enough clarity given the ample discretion Article 22 EUMR affords the Commission in reviewing mergers that do not meet EU-level notification thresholds.
Public Consultation Into The Digital Markets Act Draft Implementing Regulation
On December 9, 2022, the Commission launched a public consultation on its draft Implementing Regulation for the Digital Markets Act (“DMA”).[1] The draft DMA Implementing Regulation, with its two annexes, governs the notification process for gatekeepers, the submission to and assessment of information by the Commission, and access to file. The consultation ran until January 9, 2023 and 27 stakeholders submitted their observations. The Commission will now review the feedback it received and plans on adopting the DMA Implementing Regulation in the first quarter of 2023.
Court of Justice Judgment on Belgian Tax Decree Clarifies Privilege Rules For Competition Cases
On December 8, 2022, the Court of Justice delivered its judgment in the Orde van Vlaamse Balies and Others v. Vlaamse Regering case[1] following a request for a preliminary ruling from the Belgian Constitutional Court on the validity of a Flemish decree designed to implement an EU directive discouraging aggressive tax planning arrangements. The judgment is noteworthy for broadening the scope of the legal professional privilege applicable in competition law cases.
The French Cour de cassation clarifies the conditions under which changes made during a notice period may be considered an abrupt breach of an established commercial relationship
On December 7, 2022, the French Supreme Court (“Cour de cassation”) upheld the Paris Court of Appeal’s judgment dismissing Concurrence’s damage claim brought against Samsung Electronics France (“Samsung”).[1] Concurrence claimed that Samsung had abruptly terminated their long- standing commercial relationship.
Antitrust Review U.S. Edition, Episode 3: The Spectre of Enforcement
In the third episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Bruce Hoffman and Leah Brannon about the U.S. enforcement environment for Big Tech, the agencies’ application of Section 2 of the Sherman Act, and the prospects for legislative change.
Declaratory Action To Suspend Limitation Periods of Cartelists’ Contribution Claims Dismissed
On December 6, 2022, the Frankfurt am Main Court of Appeal[1] dismissed an action to declare the existence of contribution claims against other cartel members. The action was filed in an attempt to suspend the limitation periods of upfront contribution claims that arose at the moment when the purchasers of the cartel suffered harm.