Latest updates

Derogation from EU competition rules for milk, potato and live plant and flower sectors
Schoenherr
  • Bulgaria
  • 09 July 2020

The European Commission recently announced temporary derogations from EU competition rules for the milk, potato and live plant and flower sectors. Shortly thereafter, the Bulgarian Commission for the Protection of Competition published on its website information about temporary derogations from the prohibition on competitors in these sectors entering into agreements or undertaking coordinated practices.

HCA imposes record fine on Booking.com for unfair commercial practices
Schoenherr
  • Hungary
  • 02 July 2020

The Hungarian Competition Authority (HCA) recently imposed a record fine on Booking.com BV for undertaking unfair commercial practices by misleadingly advertising certain hotel rooms with "free cancellation" and engaging in pressure selling. Although a surprise for many industry players, this decision aligns with the HCA's tendency to impose significantly higher fines in unfair commercial practice cases compared with previous years.

Recent amendments to law on protection of competition
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 02 July 2020

After rounds of revisions and failed enactment attempts over a span of several years, the proposal for amendments to Law 4054 on the Protection of Competition has finally been approved by Parliament. According to the proposal's recital, the amendments to Law 4054 aim to embody the Turkish Competition Authority's 20-plus years' enforcement experience and bring Turkish competition law closer to EU competition law.

Competition authority introduces fast-track merger procedure
Meythaler & Zambrano Abogados
  • Ecuador
  • 25 June 2020

The Superintendency for Market Power Control (SCPM) recently published a resolution which established a fast-track merger control procedure and introduced the so-called 'failing firm' defence. The new procedure has been long overdue and is a welcome development, especially as it makes Ecuador an advantageous M&A venue and will save time and money for the SCPM and undertakings that meet the application requirements.

COFECE deemed to have jurisdiction to review Uber-Cornershop merger
SAI Law & Economics
  • Mexico
  • 25 June 2020

In November 2019 the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute asked the First Collegiate Court Specialised in Economic Competition, Broadcasting and Telecommunications to determine which authority has jurisdiction to review the merger of Uber and Cornershop. After a long procedure and delays owing to the COVID-19 pandemic, the specialised court recently ruled in favour of COFECE.

Attorney general takes cautious and restrained approach regarding excessive pricing
Tadmor Levy & Co
  • Israel
  • 25 June 2020

The attorney general (AG) recently submitted his opinion regarding the applicability of the excessive pricing prohibition under Israeli law and the appropriate test for its application. Adopting the Israeli Competition Authority's current opinion regarding excessive pricing while opposing the broad approach taken by the court in the Central Bottling Company case, the AG maintained that the Supreme Court should determine that the Competition Law prohibits monopolists from setting unfairly high prices.

Global antitrust and competition trends in 2020
Norton Rose Fulbright
  • International
  • 11 June 2020

The world is living through the most dynamic period in antitrust and competition policy for decades – with pressure for change coming from different directions and likely to generate concrete proposals and political controversy in 2020, plus the global COVID-19 pandemic adding unprecedented complexity and uncertainty. In this context, this article highlights a number of significant trends and developments of which businesses should be aware.

CPA praises Coca-Cola for good business practices
Schoenherr
  • Slovenia
  • 11 June 2020

The Competition Protection Agency (CPA) recently praised Coca-Cola Hellenic Bottling Company Slovenija, podjetje za prodajo in distribucijo brezalkoholnih pijač, doo (CCHBC) for improving its business practices in the local hotel, restaurant and cafe sector. The improvements were implemented voluntarily and were the result of discussions between the CPA and CCHBC.

COVID-19 Weekly Report (1-7 June 2020)
International Law Office
  • International
  • 08 June 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Competition Commission adopts measures amid COVID-19 pandemic to facilitate filings and hearings
Vellani & Vellani
  • Pakistan
  • 04 June 2020

In light of the COVID-19 pandemic, Pakistan has been under a nationwide lockdown since 23 March 2020. As such, the Competition Commission recently launched an online M&A application filing system to facilitate local and foreign stakeholders with mergers, acquisitions and joint ventures. Further, in order to continue its regular functions amid the pandemic, the Competition Commission has resumed hearings by allowing parties to participate through videoconferencing.

State of emergency's impact on North Macedonian Competition Authority operations
Schoenherr
  • North Macedonia
  • 04 June 2020

Owing to the state of emergency declared due to the COVID-19 pandemic, the government adopted the Regulation on the Implementation of the Administrative Proceedings Act During the State of Emergency, which affected the timeline of proceedings before the North Macedonian Competition Authority (NMCA). This article outlines the regulation's practical implications for the NMCA's operations.

COVID-19 Weekly Report (25-31 May 2020)
International Law Office
  • International
  • 01 June 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

COVID-19: CCA remains fully operational
Schoenherr
  • Croatia
  • 28 May 2020

The government recently announced a phased plan to lift restrictions that were imposed in Croatia as a result of the COVID-19 pandemic. While many sectors prepare to resume operations, the Croatian Competition Authority has been fully operational since 11 May 2020.

Secretariat of ComCo advises on obligation to notify concentration
Lenz & Staehelin
  • Switzerland
  • 28 May 2020

Under Swiss law, a proposed concentration triggers a mandatory pre-merger notification if one of the undertakings concerned has been held to be dominant, irrespective of the statutory turnover thresholds. It was previously unclear whether this criterion had to be met at the time of signing or at the time of closing. The Secretariat of the Swiss Competition Commission has now clarified this question.

COVID-19 Weekly Report (18-24 May 2020)
International Law Office
  • International
  • 25 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

Impact of COVID-19 on Competition Authority operations
Schoenherr
  • Bosnia and Herzegovina
  • 21 May 2020

On 17 March 2020 the government declared a state of emergency due to the COVID-19 pandemic. Despite the state of emergency, Competition Authority operations have continued. However, as office access is not permitted, only postal filings and submissions are accepted (ie, in-person filings are not allowed) and face-to-face meetings cannot be held. For now, the Competition Authority's filing and review deadlines remain unaffected.

COVID-19: competition commission deadlines during and after state of emergency
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Serbia
  • 21 May 2020

The government recently lifted the state of emergency which had been declared due to the COVID-19 pandemic, allowing normal operations to gradually resume. As a result, all deadlines for the Commission for the Protection of Competition and parties to proceedings that ended between 24 March 2020 and 6 May 2020 are now deemed to end on 5 June 2020. This includes the submission of merger notifications, responses to requests for information, decisions and clearances.

Upcoming amendments to Competition Act
Schoenherr
  • Hungary
  • 21 May 2020

Parliament recently adopted a new act to ensure that the Competition Act fully complies with EU Directive 2019/1/EU (ECN+ Directive). The Hungarian legislature has chosen to apply most of the ECN+ Directive rules to all antitrust proceedings (ie, regardless of whether they are conducted under Hungarian or EU law). However, in certain cases, the scope of the new provisions will be limited to proceedings on an EU legal basis.

Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional
Schoenherr
  • Czech Republic
  • 14 May 2020

The Constitutional Court recently upheld the Act on Significant Market Power, despite demands for its repeal by a group of senators almost four years ago. However, the court stated that the provision limiting the amount of suppliers' payments to customers with significant market power to 3% of the suppliers' annual sales is unconstitutional. This decision is of fundamental importance to future cooperation between suppliers and customers.

Western High Court judgment on simplified notifications in merger control
Gorrissen Federspiel
  • Denmark
  • 14 May 2020

The Western High Court recently upheld a Danish Competition and Consumer Authority (DCCA) decision on merger notification forms. As a result of this ruling, even if a merger meets the criteria for simplified notification, the DCCA can require a standard notification if it cannot determine that no competition concerns will arise based solely on the simplified notification.

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