Competitive Edge: Competition & EU Law - October 2022
Written By
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
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- Automotive
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- Energy & Utilities
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Regions
Keeping you up to date on Competition & EU law developments in Europe and beyond
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In focus
Competition damages update
More than 5 years have passed since the EU Competition Damages Directive 2014/104 entered into force. We have reported on the emerging case-law a couple of times since then. In our latest update, private enforcement expert Peter Willis reports on the most recent cases, many arising from the trucks cartel, which develop some of the themes covered in earlier cases. Peter comments on the recent judgments on issues such as limitation periods and liability of individual companies within corporate groups. One of the most interesting recent cases concerns the requirement to disclose evidence in competition damages proceedings – an area of great practical importance for both claimants and defendants, where the practice and procedures of the national courts show perhaps the least harmonization and where the Directive has the potential to make a significant difference.
EU
The Informal Guidance Notice: a second life?
Read the full storyFor more information, please contact Jose Rivas or Olga Markarian
Australia
ACCC Chair outlines key priorities for the year ahead
Read the full storyFor more information contact Thomas Jones or Matthew Bovaird
Belgium
One Flew Over the Pigeon's Nest – Belgian Competition Authority imposes interim measures on the Belgian Colombophile Federation in the context of standard setting
Read the full storyFor more information contact Hein Hobbelen or Baptist Vleeshouwers
China
Update on Merger Control Filing under New Anti-Monopoly Law in China
Read the full storyFor more information contact Serena Du or Sven-Michael Werner
Czech Republic
A historical first internal compliance program leads to reduced fine by Czech Competition Office
For more information contact Vojtěch Chloupek or Martin Taimr
Denmark
Volvo transaction not in need of repairs despite high market shares
For more information contact Morten Nissen or Alexander Brøchner
Finland
Finland adopts new merger control thresholds
For more information, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis
France
TF1/M6: no honeymoon for the two French media heavyweights
For more information contact Thomas Oster and Claire Burlin
Italy
Record fine of 173.3 million euros against Apple and Amazon annulled in court due to prolonged investigation
For more information contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan
Netherlands
Concentrations in the healthcare sector in the Netherlands: futureproof?
For more information, please contact Pauline Kuipers, Reshmi Rampersad and Tialda Beetstra
Singapore
Growing Focus on Competition and Sustainability
For more information, please contact Sandra Seah
Spain
CNMC advocates for the deregulation of the mobile termination market
For more information, please contact Candela Sotés
Bird & Bird tools for you
EU Whistleblowing Directive Implementation tracker
This tracker aims to provide you with up to date information regarding changes implemented to The Whistleblowing Directive as legislation evolves. Additionally, the implementation tracker contains information about the approach to implementation by all EU Member States, categorising EU members that have:
- ‘Legislation passed/Directive implemented’
- ‘Implementation in progress’ and
- those who have ‘No steps taken to implement the Directive’.
Click here to access the tracker
More information on the Whistleblowing Directive
To our readers in the Nordic countries: you may be interested in attending one of our upcoming seminars on this topic.
Whistleblowing & Investigations – A Nordic perspective (in-person events):
9 November - Seminar in Stockholm
1 December - Seminar in Helsinki
Podcasts
Competitive Edge: The Podcast
Episode 7: Digital Platform Regulation in Australia
In this episode Matthew Bovaird and Dylan McGirr from Bird & Bird’s Sydney office discuss the regulation of digital platforms in Australia, an area where the ACCC has been at the vanguard of regulation. They explain what started the trend of digital platform regulation in Australia and why this is such a topical area, before exploring the discussion paper for ‘Interim Report No. 5’ of the ACCC’s Digital Platform Services Inquiry. This discussion paper considers whether Australia’s competition and consumer laws are appropriate to tackle the particular challenges of big tech.
Click here to listen to the podcast
In Competitive Edge – The Podcast, we dissect topical competition law issues to help you understand how they may affect your business
Webinar & events
Florence Competition Autumn School 2022
24-27 October 2022
Fiesole (Florence)
The Autumn School, held on the campus of EUI (European University Institute), is an advanced course on recent developments in competition policy in Europe, the USA and the rest of the world. Programme available here.
Our Brussels-based Senior Associate Baptist Vleeshowers will make sure you are aware of the latest developments in antitrust leniency applications and dawn raids with a presentation followed by an interactive group exercise of a dawn raid simulation. See his introduction video here
Find out more and register here
Advanced EU Competition law conference
21 - 23 November
Hotel Le Plaza, Brussels, Belgium
Once again we are proud to sponsor this key event for the Brussels competition law community, organised by Informa Connect. The conference will bring together regulators, in-house counsel, lawyers and economists to dissect current policies and shape strategies for the future.
Day one will focus on the Digital Economy. Our Brussels-based competition partner Hein Hobbelen will present on Dawn Raids and the DMA (Digital Markets Act).
Find out more and register here
Lear Competition Festival 2022 - Videos of sessions now available
This year's edition of the Lear Competition festival boasted more than 80 speakers and 28 sessions, and drew nearly 300 participants, including representatives from competition authorities, regulatory agencies, international organizations, universities, law firms and companies.
Video recordings of the sessions are now available on the event's website. Don't miss the lively debate chaired by our Copenhagen-based competition partner Morten Nissen on the topic of Recent Antitrust Developments in the EU and the US with panelists Assimakis Komninos and William E. Kovacic.
Access all the videos from the event here
Bird & Bird news, articles & publications
Warsaw-based Senior Associate recognised in Expert Guides
We are delighted to announce that Szymon Gołębiowski has been recognized as a Rising Star by Legal Media Group Expert Guides in the Competition and Antitrust category. The Expert
Guides recognise the world's leading lawyers chosen by their peers.
The Rising Stars list features the brightest and most talented practitioners in the area of business law and related practices who are under 40 and have already been recognised for their work on important transactions.
CMA finds Rangers FC infringed competition rules by fixing the retail price of replica kits
The UK's Competition and Markets Authority has issued its final decision, fining Rangers, Elite Sports and JD Sports for retail price maintenance involving replica football shirts. Our London-based competition law legal director Saskia King has put together a helpful one-page summary of the decision.
Our Dutch competition team provides case comments on three Dutch cases
Pauline Kuipers, Reshmi Rampersad, Joost van Roosmalen, Matteo Stainer and Sander Wagemakers provided case comment(s) on three Dutch court decisions:
- Court of Appeal, ECLI:NL:GHAMS:2022:1512 - Buma / Stemra, 24 May 2022
- Lower court, ECLI:NL:RBROT:2022:2284 -TMobile, 31 March 2022
- Lower Court, ECLI:NL:RBROT:2021:6636 - Elevator cartel, 23 June 2021
The comments will be published in the Concurrences e-Competitions bulletin and referenced in the upcoming 2023 edition of the European Competition Law Handbook.
The Pharmaceutical Intellectual Property and Competition Law Review
Our competition partner Peter Willis, with colleagues Sally Shorthose, Chris de Mauny and Pieter Miguel Erasmus, have authored the UK chapter for The Pharmaceutical Intellectual Property and Competition Law Review. The chapter provides a practical overview of pharmaceutical intellectual property issues, including patent linkage and exclusivities, and related competition concerns, as well as an analysis of the relevant legal and regulatory issues.
