International Competition Network’s scoping paper on “Big Data and Cartels”: Big Data and algorithms as a new “threat” and a new “tool” for cartel enforcement

Earlier this year, we discussed the potential implications of the COVID-19 pandemic on cartels and collaboration between competitors (see our e-bulletins here and here). Regulators have been open to allowing certain types of cooperation between competitors to address the impact of the crisis.  They have nonetheless been careful to stress that this is not general … Read more

The European Green Deal and its implications for regulation, State aid and competition policy: Do the rules need to change?

This blog post is an adapted version of a briefing paper prepared with the economics consultancy, Oxera, in connection with our joint webinar event on the European Green Deal and its implications for regulation, State aid and competition policy.  The webinar, which will feature speakers from the European Commission, the judiciary and private practice, will … Read more

Foreign Investment: Rising Tides of Politics in Regulation

We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment (FDI) regimes around the world against the backdrop of the Covid-19 pandemic. FDI filings have become an increasingly important piece of the regulatory jigsaw … Read more

The European Commission adopts White Paper on how to address foreign subsidies in the EU internal market

On 17 June 2020, the European Commission (“the Commission”) issued a “White Paper on levelling the playing field as regards foreign subsidies” (“the White Paper”), launching a public consultation on a number of ambitious and far reaching possible options and legal instruments to address distortions in the European Union’s (“EU”) internal market resulting from foreign … Read more

Advocate General Kokott’s Opinion in Lundbeck v Commission

On 4 June 2020, Advocate General Kokott (“AG”) delivered her Opinion in Case C-591/16 P Lundbeck v Commission.  The AG proposed that the European Court of Justice (“ECJ”) should dismiss Lundbeck’s appeal against the General Court (“GC”) judgment and uphold the European Commission (“EC”)’s fine on Lundbeck for anticompetitive agreements aimed at delaying the marketing … Read more

Commission consults on a range of digital initiatives

The Commission is currently consulting on a range of proposals for legislation in the digital sector.  The proposed measures consist of a Digital Services Act package (dealing with issues such as online safety, freedom of expression, fairness and a level-playing field in the digital economy) and a new ex ante competition tool to give it … Read more

General Court Landmark Ruling in Three/O2 Commission Prohibition

On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The proposed transaction would have brought together two of … Read more

New market investigation regime for the EU?

The Commission’s 2020 updated working programme provides for a legislative proposal for a new “ex ante competition tool” to be put forward before the end of 2020, in the context of its digital markets strategy. At this stage no further details as to the nature of the new tool are available, but Commissioner Vestager has … Read more