The New Market Definition Notice: Embracing Change
Kluwer Competition Law Blog
by Magali Eben (University of Glasgow)
3d ago
On 8 February 2024, the Commission published the long-awaited final text of the revised Market Definition Notice. Over a quarter of a century after the adoption of the first Market Definition Notice in 1997, we have a new and improved version ready for the modern age. The revised Notice covers a lot of ground: it not only consolidates knowledge and Commission practice of the last two decades, but it also introduces new concepts, signalling the Commission’s openness to incorporating new ideas, even when they may still need further development. Getting here was no mean feat. The Commission went ..read more
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Main Developments in Competition Law and Policy 2023 – Türkiye
Kluwer Competition Law Blog
by Bahadir Balki (ACTECON), Hanna Stakheyeva (ACTECON) and Muhammed Safa Uygur (ACTECON)
3d ago
The Turkish Competition Authority (“TCA”) had a busy agenda in 2023 both in terms of enforcement and policy actions. Let us elaborate on some of them here. For your convenience, we have classified those in the following sections: (i) antitrust, focusing on violation in the digital markets, no-poaching agreements, resale price maintenance (ii) legislative developments regarding leniency policy and the draft DMA-related amendments to the Turkish Competition law, (iii) merger control, (iv) procedural issues primarily focusing on onsite inspections. We conclude with our vision of the TCA’s priorit ..read more
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New Collective Action System for Competition Law in Germany
Kluwer Competition Law Blog
by Lena Hornkohl (Deputy Editor) (University of Vienna, Austria)
5d ago
With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German speakers, I treat you to a beer if you can properly pronounce this Zungenbrecher), the German legislator has ventured new legal territory for collective actions. Now, four main models build the collective action landscape in Germany: representative injunctions, disgorgement of benefits, model declarations, and redress. The new concept has implications for the collective enforcement of competition l ..read more
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Social Justice as a Goal of Competition Policy
Kluwer Competition Law Blog
by Saksham Malik (The Dialogue)
1w ago
The United Nations’ Sustainable Development Goals (SDG) focus significantly on reducing inequalities globally (see, for example Goal 10 of UN SDG). Social inequality across the globe is premised on various parameters, including gender, race, income, religion and ethnicity. For instance, UN Women highlighted that women globally make around 77 cents for every dollar made by men, putting the former at an increased risk of poverty. As a result, policymakers are leveraging several instruments to tackle the growing challenge of social inequality. Various public policy domains, including labour, trad ..read more
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The General Court Dismisses TikTok’s Request for Interim Measures Against its DMA Designation Decision: Better to be Safe than Sorry (Case T-1077/23 R)
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
1w ago
TikTok’s parent company, ByteDance, has not managed to suspend the effects of the European Commission’s designation decision (for comment on the designation decisions, see here). However, the appeal that ByteDance directed at the designation decision will be given the benefit of an expedited procedure. This is the first time that the General Court uttered a single word on the DMA’s application and enforcement, albeit in the phase of interim measures. The President of the General Court’s order issued on 9 February 2024 (one month in advance of the deadline for compliance with the substantive ob ..read more
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Main Developments in Competition Law and Policy 2023 – Brazil
Kluwer Competition Law Blog
by Vinícius Klein (Federal University of Paraná) and Mariana Buerger (Lamy e Faraco Lamy Advocacia)
2w ago
In 2023, Brazilian competition policy celebrated three significant landmarks: first, the 20th anniversary of its first leniency agreement; second, the launch of CADE’s cartel sanction calculation guidelines; and third, the establishment of a partnership between the Brazilian competition authority CADE and the Office of the Comptroller General (CGU) for efficiency improvements in the investigation of cartels. Regarding the hot topic of digital markets, there were no significant changes in the CADE caselaw. Still, relevant cases were decided, and the authority developed the question of cartel ha ..read more
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Wouters Exception for Hardcore Price Fixing?
Kluwer Competition Law Blog
by Adnan Tokić (University of Vienna)
2w ago
Let the waves (or the CJEU) carry you where the light cannot. On January 18, the CJEU delivered its judgment in the Lietuvos notarų rūmai case (C-128/21), where it dealt with the scope of the Wouters exception to the prohibition of cartels (see originally C-309/99). Here, the CJEU had to decide whether a decision of the Lithuanian Chamber of Notaries infringed Article 101 TFEU by fixing the methods for calculating fees charged by notaries in Lithuania. The CJEU has recently reviewed the Wouters exception in one similar case concerning a professional association of lawyers fixing the minimum am ..read more
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Main Developments in Competition Law and Policy 2023 – Slovenia
Kluwer Competition Law Blog
by Jakob Šešok (Linklaters LLP)
2w ago
Year at a glance 2023 saw further consolidation of the banking sector, with OTP Bank buying NKBM, creating the second largest bank in the country. In MOL / OMV Slovenija, the European Commission (“EC”) cleared (after a Phase II investigation and subject to an up-front-buyer remedy) MOL’s acquisition of OMV’s gas station network in Slovenia. Just before the end of the year, the Competition Protection Agency (“CPA”) issued its first decision under the new settlement regime. The case related to the Veterinary Association’s Code of Conduct, which constituted an anti-competitive decision by associa ..read more
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Main Developments in Competition Law and Policy – Denmark
Kluwer Competition Law Blog
by Christian Bergqvist (University of Copenhagen) and Mark Gall (Bech-Bruun)
2w ago
In Denmark, the Danish Competition Council is the principal enforcer of competition law, with the Danish Competition and Consumer Authority acting as the day-to-day caretaker, including rendering decisions in (minor) cases. Decisions from either the Competition and Consumer Authority or the Competition Council may be appealed to the Danish Competition Appeals Board or the judiciary, and after amendments in 2021 implementing the ECN+ directive, an initial appeal to the former is no longer mandatory. Instead, if considered beneficial, the parties may challenge decisions directly before the civil ..read more
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The Progressive Expansion of the DMA’s Terms and Compliance: The Template on the Audited Description of Consumer Profiling under Article 15 DMA
Kluwer Competition Law Blog
by Alba Ribera Martínez (Deputy Editor) (University Carlos III of Madrid, Spain)
2w ago
The D-day for the Digital Markets Act (DMA) compliance is fast approaching. Starting from March 2024, the regulatory framework’s substantive obligations will start to apply to the six designated gatekeepers concerning 22 of their core platform services (on the first designation decisions issued by the European Commission see here). In the meantime, the European Commission (EC) has been preparing detailed arrangements for bringing the regulatory instrument to life. Aside from the Implementing Regulation (see comments here and here) that it issued exercising its powers to adopt implementing acts ..read more
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