Antitrust & Merger Control

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• New Enforcement Action in Relation to Resale Price Maintenance – Once Again Heavy Fines in Germany and France

  Article

  Submitted: 08 February 2019

  The article deals with the recent actions in Germany (ZEG) and France against companies engaging in competition law infringements in the form of resale price maintenance.

• Former fund manager fined £32,200 for disclosure of information in advance of IPO

  Article

  Submitted: 07 February 2019

  Paul Stephany was issued with a fine by the FCA for behaviour which breached FCA Handbook rules. However, the FCA elected to not consider his behaviour a breach of competition law, relying on its FSMA powers instead.

• UK Capacity Market suspended after General Court ruling

  Article

  Submitted: 26 November 2018

  The UK Government has suspended actions in the Capacity Market after the General Court delivered its judgment annulling state aid approval for the scheme.

• Non-executive directors and their role in competition law

  Article

  Submitted: 08 November 2018

  This year, the UK competition authority exercised their power to disqualify directors for breaches of competition law for the second time​. Non-executive directors must be aware of competition law risks and ensure that appropriate questions are being asked to challenge executive decisions where necessary.

• ECJ provides guidance on gun jumping in Danish EY KPMG merger

  Article

  Submitted: 06 June 2018

  ​On 31 May 2018, in Case C-633/16 Ernst & Young P/S v Konkurrenceradet, the European Court of Justice (ECJ) provided much welcomed guidance in a preliminary ruling regarding gun jumping.

• Sapin II Law - Lobbyists (Article 25 et seq.)

  Article

  Submitted: 01 June 2017

  The decree No. 2917-867 was published on 10 May 2017. Its purpose is to specify the scope of the “Sapin II” Law (Law No. 2016-1691 dated 09 December 2016) and notably Article 25 et seq. regarding the transparency of relationships between lobbyists and the public authorities.

• Sapin II - French DPA (Article 22)

  Article

  Submitted: 01 June 2017

  Decree No. 2017-660 was published on 29 April 2017. Its purpose is to explain the application rules of the French DPA (Transaction judiciaire) created by the “Sapin II” Law (Law No. 2016-1691 dated 09 December 2016).

• Germany introduces value-based merger control threshold and transposes EU Damages Directive

  Article

  Submitted: 07 April 2017

  The ​German Parliament has passed an amendment to the German Act against Restraints of Competition to transpose the EU Damages Directive and introduce further amendments such as a value-based merger control threshold.

• European Commission indicates syndicated lending is ripe for competition review

  Article

  Submitted: 06 April 2017

  Loan syndication may come under European Commission scrutiny during the course of 2017.

• The FCA’s evolving competition agenda

  Article

  Submitted: 23 March 2017

  Whilst it has taken some time for the FCA’s policy, approach and expertise in this area to evolve, we are starting to see its teeth as the newest competition authority on the block.

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