The ACCC pilots its first ‘Effect Test’ in misuse of Market Power Proceedings

On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power.  The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two proceedings to date that invoke the ‘effects test’ … Read more

Digital competition law update from Germany: Franco-German report on algorithms and competition law, and draft German law on Digitalisation of German Competition Law

Competition law/algorithms has been a hot topic of debate amongst practitioners and enforcers for a while, and now two of Europe’s top antitrust enforcers, the Autorité de la Concurrence and the Bundeskartellamt, have joined forces to analyse and publish a report on the potential competition law risks relating to pricing algorithms and their potential contribution … Read more

THE OFFICERS OF COMPANIES THAT INFRINGE SPANISH COMPETITION RULES MAY BE PENALISED FOR THEIR PASSIVE CONDUCT IN THE INFRINGEMENT

In its recent judgments dated 1 October 2019 (in connection with appeals 5280/2018 and 5244/2018), the Spanish Supreme Court (the “SSC”) has found that the legal representatives and members of the management boards of undertakings that infringe competition rules need not have a decisive or significant role in the infringement; they can be penalised for … Read more

Impact of new KPPU merger control regulation on asset transactions in Indonesia

On 2 October 2019, the Indonesian Competition Commission (“KPPU”) issued Regulation No. 3 of 2019 on Evaluation of Company Mergers, Consolidations or Share Acquisitions that May Result in Monopolistic Practices and/or Unfair Business Competition (“Regulation 3”). While Regulation 3 came into effect on 3 October, it only became public on 14 October. Read more

South African authorities take key step towards enforcement of novel price discrimination and buyer power provisions

The South African competition authorities this month took an important step towards enforcing novel price discrimination and buyer power provisions contained in the Competition Amendment Act No.18 of 2018 (Amendment Act), with the publication of draft Regulations (here) and Guidelines (here and here) by the Minister of Trade and Industry (Minister) and the Competition Commission … Read more

A First in 20 years: EU Commission imposes interim measures on Broadcom

On 16 October 2019, the EU Commission (“the Commission“) adopted interim measures against Broadcom in connection with its ongoing investigation into the company for abuse of a dominant position. The investigation started in June 2019 when the Commission opened an antitrust investigation to assess whether Broadcom restricted competition in various chipsets and components markets by … Read more

Queen’s Speech 2019: competition law and FDI implications

On 14 October 2019 the Government’s legislative agenda for the next parliamentary session was set out in the Queen’s Speech, accompanied by detailed background briefing notes. We have summarised below the key takeaways in terms of implications for the UK competition law regime and the plans for a new standalone foreign direct investment regime. Competition … Read more

CMA imposes yet another fine for failure to comply with document requests under Section 109 Notices

The CMA today published a penalty notice addressed to Sabre Corporation in the context of its anticipated acquisition of Farelogix Inc, for its failure to comply with two Section 109 Enterprise Act Notices.  The anticipated acquisition is currently being examined by the CMA after its Merger Intelligence Committee identified the transaction as requiring further investigation … Read more

Secretary of State intends to accept undertakings in connection with the proposed acquisition of Inmarsat by Connect BidCo

On 9 October 2019 the Secretary of State for Digital, Culture, Media and Sport (SoS) announced that she is intending to accept undertakings offered by the parties to the proposed acquisition of British satellite operator Inmarsat plc by Connect BidCo (a private-equity led Consortium including equity funds based in Canada). This deal has been closely … Read more