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Siobhan L.M. Kahmann

Associate

Siobhan L.M. Kahmann has extensive experience advising on a range of competition issues, including cartel investigations and leniency applications, complex vertical distribution issues, European and multi-jurisdictional merger control filings, abuse of dominance claims, and competition compliance. Her practise includes providing wide-ranging and detailed advice on digital platforms and e-commerce in a competition context.

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“No Deal” Brexit and the UK State Aid Regime (Part 2)

By Siobhan L.M. Kahmann, Kevin Coates and Jonathan Benjamin on Posted in Antitrust, Brexit, Competition, Competition Law, Competition Law in Europe, European Union, State Aid, United Kingdom
On 21 January 2019, the UK government published its draft statutory instrument on State aid, outlining the changes to the UK State aid regime in the event of a no deal Brexit. Its publication comes at critical moment for the UK as it considers the potential options for leaving the European Union: (i) leave with a … Continue Reading

Deal or No Deal Brexit? The Lowdown for Competition Law (Part 1)

By Siobhan L.M. Kahmann, Kevin Coates and Jonathan Benjamin on Posted in Antitrust, Brexit, Competition, Competition Law, Competition Law in Europe, European Commission, European Union, Mergers, United Kingdom
Potentially significant changes are just around the corner for the UK competition system, as the country prepares to take the final step of exiting the European Union. In this regard, the UK has three potential options: (i) leave with a deal; (ii) leave without a deal; or (iii) postpone the date of leaving. Should the … Continue Reading

Land agreements rise up the CMA’s agenda

By Siobhan L.M. Kahmann on Posted in Antitrust, Competition, Competition Law, Enforcement, Investigations, Land Agreements, United Kingdom
In October, the UK’s Competition and Markets Authority (CMA) imposed a fine of 1.6 million GBP for a land agreement which it found to infringe competition law. This is the first time that the CMA has taken enforcement action and issued a fine in relation to a land agreement, despite such agreements having been covered … Continue Reading

IoT Update: BEREC launches public consultation on the ‘Data Economy’

By Siobhan L.M. Kahmann on Posted in Competition Law, Digital, E-Commerce, European Union, Internet of Things (IoT), Regulation, Supply Chain, Technology, Telecommunications
On the 10th October 2018, BEREC (the Body of European Regulators for Electronic Communications) launched its public consultation on the ‘Data Economy’. This comes at a time when different regulators are increasingly discussing the importance of big data, including the opportunities and risks that it brings about, how these may evolve, and how (and increasingly … Continue Reading

The European Commission Publishes Summary Decisions for On-line Resale Price Maintenance Infringements

By Siobhan L.M. Kahmann and Jonathan Benjamin on Posted in Competition Law, Competition Law in Europe, E-Commerce, Retail
The European Commission (“Commission”) recently fined Denon & Marantz, Asus, Pioneer and Philips (the “Individual Parties”) a total of EUR 111 million for restricting the ability of online retailers to set retail prices for their products – a hard-core restriction under EU competition law known as “resale price maintenance” or “RPM” (the “Infringement Decisions”). These … Continue Reading

12th Annual Georgetown Global Antitrust Enforcement Symposium – Debating the Latest Issues with Covington’s Johan Ysewyn and Jim O’Connell

By Siobhan L.M. Kahmann on Posted in Abuse, Antitrust, Competition Law, Competition Law in Europe, Dominance, IP Protection
On 25 September 2018, Covington’s Johan Ysewyn and Jim O’Connell will speak on cartels and merger enforcement, respectively, at the 12th Annual Georgetown Global Antitrust Enforcement Symposium in Washington DC. This Symposium serves as a leading forum for in-house and outside counsel, policymakers, corporate executives, economists and academics to discuss the most recent issues in … Continue Reading

The UK Government Issues ‘No-deal’ Competition and Merger Guidance

By Kevin Coates, Siobhan L.M. Kahmann and Jonathan Benjamin on Posted in Abuse, Antitrust, Brexit, Competition Law, European Union, United Kingdom
The UK Government published its highly-anticipated technical guidance on merger review and anti-competitive activity on 13 September 2018 which will apply in the case of a ‘no-deal’ Brexit (the ‘Guidance’). Although brief, it provides market players with some form of practical advice and insights on what to expect, how cases are likely to be divided … Continue Reading

UK’s Financial Conduct Authority gives guidance on future priorities, FinTech and Brexit

By Sophie Bertin, Kevin Coates and Siobhan L.M. Kahmann on Posted in Brexit, Competition Law, Fintech, Regulation, Supply Chain, Technology, United Kingdom
The Financial Conduct Authority (“FCA”) has published its third Annual Competition Report which focusses on its proposals for promoting competition and innovation, particularly with respect to the impact of FinTech on UK financial services. It also addresses the FCA’s ongoing role in supporting the UK Government prepare for Brexit, and uphold an orderly transition as … Continue Reading

Covington Alert: UK Payment Systems Regulator Announces Market Review into Card-Acquiring Services

By Siobhan L.M. Kahmann on Posted in Competition Law
The UK Payment Systems Regulator (PSR) has announced its intention to carry out a market review into the supply to merchants of card-acquiring services by financial services providers. In this Covington Alert, my colleagues Louise Freeman, Charlotte Hill and Elaine Whiteford look at the powers the PSR holds, why the review has been initiated and … Continue Reading

Concurrences Article – Leniency and Competition Law: An Overview of EU and National Case Law

By Siobhan L.M. Kahmann on Posted in Competition Law, Competition Law in Europe, Enforcement, Investigations
More than 20 years after the adoption of the first European Commission Leniency Notice, the detection and sanctioning of cartels remains a key feature of the enforcement agenda of the European Commission and – the currently still 28 – European Union national competition authorities. Leniency programmes are a crucial tool in uncovering cartels, with a large … Continue Reading

Jumping the gun: the CMA’s approach to breaches of the standstill obligation

By Franka Felsner and Siobhan L.M. Kahmann on Posted in Competition Law, Competition Law in Europe, Enforcement, Investigations, United Kingdom
Introduction Gun-jumping has been in the spotlight this year both at the European level and in the UK. At the EU level, first there was DG Competition’s record fining of Altice of € 124.5m (here) and then the Court of Justice of the EU (“CJEU”) ruled on the scope of the EU law standstill obligation … Continue Reading

Advanced Competition Law Conference – Joint Presentation on Cartel Enforcement with Covington’s Johan Ysewyn and DG Competition’s Maria Jaspers

By Siobhan L.M. Kahmann on Posted in Competition Law, Competition Law in Europe, Enforcement, Technology
On 15 May 2018, Johan Ysewyn and Maria Jaspers (DG COMP) presented on recent major developments in the area of EU cartel enforcement at the Advanced Competition Law Conference in London. Their annual dual-presentation covered the traditional three pillars of enforcement, policy and court review. The topics covered in this latest instalment included: A review … Continue Reading

Higher Fines for Gun Jumping in Mergers – The European Commission’s Continued Emphasis on Procedural Merger Compliance

By Johan Ysewyn and Siobhan L.M. Kahmann on Posted in Competition Law in Europe
Last month’s Commission decision to impose a fine of €124.5 million on Altice for gun jumping is a stark reminder of the need to establish processes to ensure against conduct that can be characterized by the merger control authorities as violating the “hold-separate” obligation of the EU Merger Regulation (“EUMR”). That obligation prohibits parties to … Continue Reading

The UK Government Seeks Views on the Regulation of Digital Markets for a Post-Brexit Great Britain

By Siobhan L.M. Kahmann and Kevin Coates on Posted in Artificial Intelligence (AI), Competition Law, Competition Law in Europe, Digital, E-Commerce, Internet of Things (IoT), Retail
The UK Government’s Department for Business, Energy and Industrial Strategy has just released a 75-page Green Paper on Modernising Consumer Markets, setting out the Government’s main priorities for the digital economy in a post-Brexit Britain. The Green Paper reflects on the current state of consumer markets and regulation, and lays down the key challenges and … Continue Reading

Update: EDEKA “Wedding Rebates” – German Federal Supreme Court Answers Key Questions on Abuse of Relative Market Power

By Siobhan L.M. Kahmann on Posted in Competition Law, Retail, Supply Chain
Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential rebates and conditions by food retailers. For background on the preceding decisions of the Federal Cartel Office (Bundeskartellamt – BKartA) and Higher Regional Court of Düsseldorf (OLG Düsseldorf) … Continue Reading

EDEKA “wedding rebates” – German Federal Supreme Court removes roadblock to antitrust enforcement in food retail sector

By Peter Camesasca and Siobhan L.M. Kahmann on Posted in Competition Law, Retail, Supply Chain
On 23 January 2018, Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) handed down its judgment on alleged anti-competitive requests for preferential rebates and conditions by food retailers (case KVR 3/17 – not yet published).  This is an important judgment as it removes a major roadblock to antitrust enforcement in the food retail sector in Germany, … Continue Reading

The EU Commission Communication on SEPs: a workable resolution to patent wars in the EU, or more competition litigation battles ahead?

By Kevin Coates and Siobhan L.M. Kahmann on Posted in Competition Law, Competition Law in Europe, Digital, E-Commerce, Investigations, IP Protection, Telecommunications, Uncategorized
The European Commission published its highly anticipated Communication Setting out the EU approach to Standard Essential Patents at the end of 2017, as part of a package to protect Europe’s know-how and innovation leadership (see Commission Press Release Intellectual property: Protecting Europe’s know-how and innovation leadership). The first section proposes concrete measures to improve the … Continue Reading

The UK’s CMA Consults on its Proposed Annual Plan 2018/19

By Louise Freeman, Siobhan L.M. Kahmann and Gemma Nash on Posted in Competition Law, Competition Law in Europe, Digital, E-Commerce, Investigations
The UK’s Competition and Markets Authority (the “CMA”) published its proposed “Annual Plan 2018 to 2019” for public consultation last month. Respondents have until January 14 2018, to respond as to whether they agree with the overall direction of the proposed Annual Plan, whether they believe there is anything more that the CMA should be … Continue Reading

Covington’s Net Neutrality and Zero-Rating Webinar

By Siobhan L.M. Kahmann, Kevin Coates and Matthew DelNero on Posted in Brand Building, Competition Law, Competition Law in Europe, Digital, Retail, Telecommunications
On 20 November, Covington hosted its webinar looking at developments in Net Neutrality and Zero-rating from both a US and a European perspective. Our presenters included ex-FCC Bureau Chief, Partner Matt DelNero from our DC office, and ex-DG Competition Head of Unit, Partner Kevin Coates and Senior Associate Siobhan Kahmann from our Brussels office. The … Continue Reading

Price comparison websites: The UK’s CMA weighs in on the competition law, data protection and consumer protection requirements

By Siobhan L.M. Kahmann and Kevin Coates on Posted in Competition Law, Competition Law in Europe, Digital, Investigations, Retail, Supply Chain
The UK’s competition regulator, the Competition and Markets Authority (CMA), has published a 349 page Final Report (combined with 5 Background Papers and a glossary) on its Market Study into what it refers to as Digital Comparison Tools (DCTs) – a term which includes price comparison websites, best buy tables, and other more automated services … Continue Reading

Welcome clarifications by the EU Court on the concept of excessive pricing

By Miranda Cole, Kevin Coates and Siobhan L.M. Kahmann on Posted in Competition Law
On 14 September, the Court of Justice of the European Union provided detailed guidance on the concept of excessive pricing under Article 102 TFEU, in response to questions posed by the Latvian Supreme Court. In Case C-177/16, the Latvian Supreme Court referred a number of questions to the Court of Justice of the European Union … Continue Reading
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