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Introduction

In its preliminary ruling of 14 January 2021, the Court of Justice of the European Union (“CJEU”) clarified that the duration of an infringement in the case of bid rigging ends once the essential characteristics of the public tender are determined – which in practice likely means at the signing date of the contract between the winner of the bid (who participated in the bid rigging) and the contracting authority. As such, this decision sets clear time-limits to competition authorities’ enforcement powers when prosecuting bid-rigging cartels. The CJEU provided this guidance in response to a preliminary question from the Supreme Administrative Court of Finland.
Continue Reading The CJEU provides guidance on the end date in case of a bid-rigging cartel

Introduction

On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a public consultation from 4 February to 27 May 2019 to gather views on the VBER’s functioning in the digital age. This was inspired by the growing importance of e-commerce and the interest in various online companies. This evolution has affected distribution and pricing strategies for both manufacturers and retailers, which the Commission decided warranted an evaluation of some of the current rules.
Continue Reading The revision of the Vertical Block Exemption Regulation – What is likely to change?

The European Commission (“EC”) has recently published Guidelines for national courts on how to estimate the share of the overcharge caused by cartels which was passed on by direct purchasers to their customers (“Passing-on Guidelines”). The Passing-on Guidelines provide an extensive practical overview of the applicable legal context, the relevant economic theory and quantification methods for the concrete harm caused to claimants in litigation.
Continue Reading The European Commission’s guidance on passing-on damages calculation

On 5 April 2019, the European Commission (“EC”) published a report – prepared by Europe Economics at the request of DG COMP – on EU loan syndication and its impact on competition in credit markets (the “Report”).

The Report describes the functioning of the syndicated loan business and seeks to assess whether there are potential competition concerns with regard to syndicated loans in leveraged buy-outs (“LBOs”), project finance (“PF”) and infrastructure projects (“INFRA”). Syndicated loans are considered to be an important source of finance to the European economy. The EC’s interest in this business is therefore primarily motivated by an assessment of its effectiveness and functioning besides potential competition concerns. Geographically, the Report focuses on France, Germany, the Netherlands, Poland, Spain, and the UK. These countries account for approx. 75% of syndicated lending volume in the identified segments in the EU, with Poland making up the smallest share of the group.


Continue Reading The European Commission publishes report on EU loan syndication and its impact on competition in credit markets

Introduction

On December 3, 2018, the Dutch Authority for Consumers & Markets (“ACM”) published a speech from its board member, Cateautje Hijmans van den Bergh, regarding potential competition law concerns in the financial technology (“FinTech”) sector.

In particular, further to the European Parliament’s study on FinTech and competition law (the “Study”) – as discussed in a previous blog post – Hijmans van den Bergh voiced concerns regarding potential FinTech foreclosure, following the adoption of Technical Standards. She also provided some guidance regarding access to essential inputs held by firms in the sector.
Continue Reading The ACM’s guidance to address competition law concerns for FinTech in the creation of technical standards

On 19 September 2018, the European Commission (“Commission”) issued a press release declaring that Luxembourg did not provide illegal State aid to McDonald’s with regards to two tax rulings that resulted in double non-taxation of franchise profits in Luxembourg. The Commission’s three-year-long in-depth investigation established that Luxembourg had merely acted in compliance with its national tax laws and that the double non-taxation was the result of a mismatch between Luxembourg and US tax law, as opposed to a more favourable treatment given to McDonald’s compared to other companies in Luxembourg.

The Commission’s initial concerns

In December 2015, the Commission launched an investigation into McDonald’s Europe Franchising (“MEF”), a EU subsidiary of the US-based McDonald’s Corporation. At issue were two tax rulings regarding MEF, a tax resident of Luxembourg with one Swiss branch and one US branch, that received franchisee royalties from outlets in Europe, Ukraine and Russia.
Continue Reading The European Commission finds no illegal State aid was provided by Luxembourg’s non-taxation of McDonald’s

Introduction

On 11 June 2018, the European Commission (“Commission”) published DG Competition’s 2017 Annual Activity Report (“Report”) to provide an overview of its pursuit of its competition policy objectives and enforcement of EU competition rules in 2017.  In its Report, the Commission indicates that it has continued to prioritise competition on the merits and that it has focused interventions in the light of priorities outlined in its Political Guidelines, as well as on promoting competition culture and international cooperation.  The different enforcement areas mentioned in the Report, certain key figures and the Report’s focus on the Digital Single Market are discussed below.


Continue Reading European Commission – Annual Activity Report – DG Competition 2017