Antitrust & Merger Control

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• General Court annuls European Commission’s State aid decision regarding Belgian excess profits tax ruling system

  Article

  Submitted: 04 March 2019

  The General Court of the European Union has held that the Belgian tax system for providing rulings in respect of the "excess profits" of MNEs did not constitute an illegal State Aid scheme.

• The FCA announces its first competition law infringement decision

  Article

  Submitted: 21 February 2019

  The FCA has decided that three asset management firms infringed competition law. This follows a three-year investigation into conduct in relation to UK primary market events. The FCA had set out its provisional findings (Statement of Objections) in November 2017.

• German competition regulator restricts Facebook data use

  Blog Post

  Submitted: 15 February 2019

  The Bundeskartellamt found Facebook's merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR.

• Competition Amendment Act - A New Chapter

  Article

  Submitted: 15 February 2019

  An overview of the Competition Amendment Act (Amendment Act) that was signed into law on 13 February 2019 by President Cyril Ramaphosa.

• Common Ownership Structures in Asset Management Industry Under Closer Inspection by German Competition Authorities

  Article

  Submitted: 08 February 2019

  The European competition authorities are currently taking a closer look at the asset management industry, notably also in Germany.

• 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.

• Enforcement of competition law rules in the pharmaceutical sector remains a matter of high priority in Europe

  Article

  Submitted: 05 February 2019

  ​A report from the European Commission and national competition authorities of the EU Member States focuses on enforced antitrust and merger control rules in the pharmaceutical sector.

• Litigating an antitrust damages action in the Netherlands - factors to consider

  Article

  Submitted: 25 January 2019

  What are the key features to consider as a potential claimant or defendant in an antitrust damages action in the Netherlands? We outline reasons to litigate and reasons not to litigate in the Netherlands.

• Renewed Enforcement Action Interest in Europe in relation to Resale Price Maintenance

  Article

  Submitted: 17 January 2019

  Resale price maintenance (or: RPM) refers to the practice of controlling or influencing the pricing of a reseller by either expressly of effectively setting fixed or lower limits to the resale price. In recent years, both the European Commission (the Commission) and national competition authorities (NCAs) have shown an increased interest in this kind of conduct and have on occasion issued substantial fines. Meanwhile, there are numerous ways in which RPM might be effectuated which may not always be clear to the participants to such arrangements.

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