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NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA publishes a policy paper on tackling bid rigging in UK public procurement, and (2) the CMA publishes revised Merger Assessment Guidelines on the assessment of rivalry-enhancing efficiencies. It also includes, from an EU perspective: (1) the Commission adopts EU Guidelines on exclusionary abuses of dominance, (2) the Court of Justice issues a judgment clarifying the binding effect and scope of the Euribor cartel findings under Article 101 TFEU, (3) an Advocate General issues an opinion considering a one-year limitation period from OJ publication compatible in principle with Article 101 TFEU in follow-on damages actions, (4) the Commission publishes a study on the impact of mergers on innovation and markups, (5) the General Court dismisses an action against the Commission's decision to prohibit Booking's acquisition of eTraveli Group, and (6) the Court of Justice issues a judgment partially upholding BdM Banca's appeal in a State aid damages action.
NEWS
This week's edition of Competition weekly highlights includes developments from a UK perspective, including: (1) Vodafone/CK Hutchison being referred to phase 2, (2) Spreadex/Sporting Index meeting the test for reference to phase 2 and (3) the publication by the CMA of a letter to the nail technician sector regarding compliance with competition law. This week's highlights also includes, from an EU perspective: (1) the General Court annulling a Commission State aid decision on Danish waste water treatment pricing.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA's decision that Vandemoortele/Délifrance merger meets the test for reference to phase 2, (2) the CMA's decision to launch a strategic review of legacy merger remedies, (3) a Court of Appeal's judgment upholding the dismissal of LetterOne's compensation claim following a NSI Act 2021 divestment order, (4) a High Court judgment dismissing Brazilian orange growers' cartel damages claims as time-barred under Brazilian law, and (5) publication by the CMA Microeconomics Unit of a report on technology, productivity and competition. This week's highlights also include, from an EU perspective: (1) a General Court judgment reducing Intel's ‘naked restrictions’ fine but rejecting annulment, (2) a General Court judgment dismissing an action against the Commission's rejection of a complaint in the Fire Protection Bogies case, (3) the Commission's decision to launch an investigation into Meta's restrictions on AI providers' access to WhatsApp, (4) the Commission's decision to launch an investigation into Google's use of publisher and YouTube content for AI training, (5) the Commission's decision to unconditionally clear Mars/Kellanova after phase II, (6) the Commission's decision to refer TIL/Hutchison Ports/TERCAT to phase II, (7) Meta's commitment to give EU users choice on personalised ads under DMA, and (8) a General Court judgment dismissing an action against the Commission's decision to approve restructuring aid of €2.55bn granted to Portugal to TAP.
NEWS
This week's edition of Competition weekly highlights includes developments from a UK perspective, including: (1) the CAT publishing Practice Direction 1/2024 concerning disclosure and the management of confidential information. This week's highlights also includes, from an EU perspective: (1) the Commission actions two calls for contribution on competition in virtual world and generative AI.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective, a number of developments, namely: (1) the publication by the CMA of its final decisions relating to the reviews of three merger undertakings and one market investigation order, (2) the Court of Appeal’s judgment relating to preliminary issues and exemplarity in damages claim in Merricks v Mastercard, (3) a CAT ruling dismissing an application by certain local authorities to strike out pass-on defence in trucks damages litigation, and (4) publication by the CMA of its issues statement in relation to its market investigation into the veterinary sector. This week’s highlights also includes, from an EU perspective: (1) the Commission announcing that Visa and Mastercard have voluntarily continue their antitrust commitments on inter-regional fees beyond November 2024, (2) the Court of Justice’s judgment dismissing an appeal relating to the calculation of the fine in the pre-stressing cartel case, (3) the Court of Justice’s judgment in a national reference from Hungary concerning the Brussels I Regulation in the context of a follow-on damages claim, and (4) the General Court’s judgment dismissing an appeal against the Commission’s decision relating to the Madeira Free Zone.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the Court of Appeal refuses permission to appeal CAT judgment upholding CMA final report in remitted phase 2 investigation in Spreadex/Sporting Index investigation, (2) the High Court issues judgment dismissing litigation funder's challenge to CAT settlement distribution in Merricks/Mastercard collective proceedings, (3) the CAT issues judgment approving nil-damages settlement in Which?/Qualcomm collective proceedings, (4) the CAT publishes judgment refusing Google's application to vary CPO in app developer collective proceedings, and (5) the CAT's judgment striking out competition and subsidy control claims concerning Durham regeneration funding. This week's highlights also includes, from an EU perspective: (1) the Commission adopts interim measures against Meta in WhatsApp AI access case, (2) the Commission modifies Transgaz commitments concerning Romanian natural gas exports, and (3) the Council of the EU adopts revised EU FDI screening regulation.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA publishes guidance on competing for talent, (2) the CAT's judgment dismissing an application regarding request for further information about search warrants obtained by CMA in waste management investigation, (3) the FCA's launches consultation on commitments by LSEG and landlord to address competition concerns over access to rooftop for low latency connectivity services, (4) the CMA publishes case study based on its investigation into sports broadcasting and production companies, and (5) Ofgem consults on commitments by SGN to address competition concerns over 7 barg connection services. This week's highlights also includes, from an EU perspective: (1) the Commission's decision to fine Google for abuse of dominance in the adtech sector, (2) the Court of Justice's judgment concerning national reference from Spain seeking clarification on the limitation period in the context of a damages claim for infringement of competition law, and (3) the Commission fines Eurofield and Unamime Sports approximately €172,000 for providing incomplete information to the Commission in synthetic turf sector investigation.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to launch an investigation into the construction and roofing sector regarding suspected bid rigging, (2) the CMA’s decision to launch a consultation on Vifor’s commitments to end its abuse probe into disparaging treatment in the iron treatment market, (3) publication by the CMA of an update report on the Rail, Road and Inland Waterway Transport Block Exemption, (4) the CMA’s phase 2 decision to conditionally clear Vodafone/CK Hutchison JV, (5) the Controlled Foreign Companies (Reversal of State aid Recovery) Regulations 2024 to enter into force on 31/12/2024, (6) publication by the CMA of new procedural rules and guidance for water references, and (7) publication by the DBT’s of two subsidy control principles assessment guides for public authorities. This week's highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment in a national reference from Latvia concerning Article 101 TFEU restrictions in car warranties, and (2) the Commission’s announcement that it has launched a consultation on a proposed revision of the State aid Aviation Guidelines.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA's consultation on Apple and Google's commitments to improve App Store fairness and mobile platform interoperability, and (2) the Government launching a call for evidence as part of its mobile market review. This week's highlights also includes, from an EU perspective: (1) the Commission issuing a statement of objections to Meta over WhatsApp AI access restrictions, (2) the Commission publishing an updated timeline regarding its planned competition policy reforms and reviews between 2024 and 2029, and (3) the Commission finding that Apple Ads and Apple Maps should not be designated under the Digital Markets Act.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA issues an interim report in the Spreadex/Sporting Index remittal merger and provisionally finds competition concerns, (2) the CMA launches a consultation on draft rules for a levy for the digital markets competition regime. This week's highlights also includes, from an EU perspective: (1) an AG opinion concerning a national reference from the Czech Republic seeking clarification as to whether a collective management organisation’s failure to account for hotel room occupancy when setting copyright royalties for licensed works constitutes a breach of Article 102 TFEU, (2) an AG opinion concerning a national reference from Sweden seeking clarification as to whether compensation provided to a company owned by a Swedish municipality constitutes new or existing aid, and (3) the Commission launches a consultation on a revision of the SGEI State aid rules to address the issue of housing affordability.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CAT issues judgment refusing extension of time in Aramark challenge to CMA prohibition of merger, (2) Constellation Developments Limited/ABVR Holding Limited cleared after phase 2; failing firm defence accepted, (3) the CMA launches slot release procedure under Atlantic Joint Business Agreement commitments, (4) the Court of Appeal issues judgment dismissing appeal in proposed collective action against water companies, (5) the Court of Appeal issues judgment refusing permission to appeal CAT confidentiality ring disclosure order, (6) the CAT granting partial strike out in Gutmann collection action against Apple over ‘battery throttling’, (7) the CMA publishes its response to the Government’s consultation on refining the UK competition regime, and (8) the CMA launches market study into UK private dentistry sector.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) a statement to Parliament on the implementation timetable for the DMCCA 2024, (2) the CMA’s decision to issue a SO to Google provisionally finding it has abused its dominant position in ad tech by ‘self-preferencing’, (3) a Court of Appeal judgment upholding an appeal concerning the CMA’s hydrocortisone infringement decision, and (4) publication of the Government’s Annual Report for 2024 on the enforcement of the NSI Act 2021. This week’s highlights also includes, from an EU perspective, a number of significant case law developments, including (among others): (1) a Court of Justice judgment dismissing an appeal against a General Court judgment which partially upheld an action for annulment of the Commission's 2017 decision which fined Google €2.4bn for favouring its own comparison shopping service, (2) an AG opinion suggesting that Google’s refusal to grant third party access to Android devices may breach Article 102 TFEU, (3) a Court of Justice judgment setting aside the General Court’s judgment and confirming the Commission’s 2016 decision that Ireland granted Apple unlawful aid which Ireland is required to recover, and (4) an AG opinion suggesting that a 90 day time-limit on the Italian Competition Authority to launch an investigation may breach Article 102 TFEU. In addition, the Commission: (1) announced it has withdrawn several decisions relating to the review of the acquisition in Illumnia/Grail, (2) published a staff working document evaluating the EU antitrust enforcement framework, and (3) published a report on the legal framework for and the use of interim measures by national competition authorities.