Competitive Edge: Competition & EU Law - November 2022
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Keeping you up to date on Competition & EU law developments in Europe and beyond
Read the full news letter here
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In focus
ACCC dials up the pressure on Australian RAN sharing proposal
Two of the largest mobile network operators (MNOs) in Australia are planning a long-term active network sharing deal, which would involve them sharing RF spectrum and active infrastructure across 17% of Australia’s population coverage. The deal has the potential to shape Australia’s telecommunications sector for years to come, particularly in regional and remote areas where limited coverage and a lack of competition have had a significant impact on consumers. It faces staunch opposition from Singtel Optus, the country’s second largest MNO.
Our Australian competition law experts shed some light on this deal and explain the merger clearance process in Australia. The deal is subject to approval by Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), which is due to make its decision in December 2022.
EU
The EU Digital Markets Act has entered into force – what are the next steps?
Read the full storyFor more information, please contact Paolo Sasdelli or Manuela Cox.
Something old, something new, something borrowed – AG Kokott suggests abuse of dominance standards to non-reportable concentrations
For more information, please contact Hein Hobbelen or Jonathan Saké.
Belgium
Belgian Competition Authority publishes expert opinion to judge in billiard ball supply case
Read the full storyFor more information, please contact Baptist Vleeshouwers.
China
SAMR Issued Guidelines on Regulating Administrative Penalty Discretion of Market Supervision and Management
Read the full storyThis update was provided by our partner Allbright Law Offices China.
Czech Republic
Pharma sector investigation, dawn raid obstruction fines, RPMs and compliance programmes. What are the Czech Competition Office’s current priorities?
For more information, please contact Vojtěch Chloupek or Martin Taimr.
Denmark
When partners become competitors — Market sharing in storage management and barcodes
For more information contact Morten Nissen or Alexander Brøchner.
Finland
Finland renews its merger notification form together with new merger control guidance
For more information, please contact Petteri Metsä-Tokila or Maria Karpathakis.
France
Once again, the leniency procedure has brought to light a compote cartel but the initial sanction has been drastically reduced
For more information contact Claire Burlin.
Hungary
The GVH has monitored dark patterns in online sales of airline tickets within a sweep
For more information, please contact Dániel Aranyi, Gábor Kutai or Rebeka Szopkó.
Increasing attention and scrutiny towards green and sustainability claims in Hungary
For more information, please contact Dániel Aranyi, Gábor Kutai or Rebeka Szopkó.
Italy
CTS Eventim – Ticketone abuse of dominance in Italy: the show must go on!
For more information, please contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan.
Netherlands
Dutch regulator pushes agricultural sector for joint green label
For more information, please contact Pauline Kuipers, Joost van Roosmalen or Martijn Puts.
Poland
Sport clubs and sports associations targeted by the Polish Competition Authority
For more information, please contact Szymon Golebiowski or Stanislaw Szymanek.
Spain
5G networks in the CNMC’s sights to enhance competition
For more information, please contact Candela Sotés.
UK
Global competition reforms to tackle digital markets - update
For more information, please contact Anthony Rosen or Sean Bullock.
Bird & Bird tools for you
Updated eLearning course - Competition rules for Supply and Distribution - now available in 6 languages
On 1 June 2022 the new competition regime for distribution in the EU came into force, affecting businesses that distribute products in the EU. If your company needs training on the new regime, we would be happy to help.
Our eLearning course on Supply & Distribution competition rules has been updated to reflect the new regime. It is now available in English, Dutch, French, German, Italian and Spanish. Watch a short demo video of the eLearning course here
Get in touch with your local Bird & Bird Competition & EU lawyer if you have specific questions or would like to explore opportunities that the new regime may open up for your business.
Podcasts
Taso Tech Talks Podcast
Digital markets and competition
Our London-based legal Director Dr. Saskia King was recently invited by Taso Advisory, a specialist technology public policy consultancy, to discuss the UK's efforts to create a new regulatory
regime for digital markets and the tech companies operating in them. In this episode Saskia and Ben Greenstone, Managing Director of Taso Advisory, covered:
- an overview of the proposed approach
- the enforcement tools available to the new regulator
- where the UK is now compared to the EU
- what the current political turmoil and a possible
- election means for the proposals
- the role of the Digital Markets Unit currently
- the increasing activism of the CMA in tech and
- the role of other UK regulators in tech regulation.
Recorded on 12/10/2022.
Click here to listen on Spotify
Click here to listen on Apple Podcasts
Webinar & events
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
Online conference
Counteracting unfair market practices - protection of competition in the light of the activities of UOKiK and upcoming legal changes
12 - 13 December 2022
Warsaw, Poland
Our Warsaw-based senior associate Marcin Alberski will discuss practical aspects of competitors lawfully exchanging strategic information in the context of concluding and performing agreements, engaging in the work of business associations, and planning M&A transactions.
The above will take place during the online conference entitled "Counteracting unfair market practices - protection of competition in the light of the activities of UOKiK and upcoming legal
changes" organised by MMC Polska.
Read more and register for the event (in Polish) here
Webinar
The life of a distribution contract: New Belgian civil and competition law perspectives
1 December 2022 11:00 - 12:15 CET
Attention to all in-house counsel working with distribution contracts in Belgium:
a complete overhaul of 200+ year-old Belgian legislation on contracts
the adoption of new competition rules for vertical agreements for the first time in over a decade
calls for an update!
Join our Brussels-based Commercial and Competition law experts Paul Hermant, Cedric Berckmans and Baptist Vleeshouwers, who will explain what’s new and how these changes will impact your contracts, from the negotiation of the agreement to its termination and beyond.
Please note: the Institute of Company lawyers IBJIJE (Instituut Voor Bedrijfsjuristen / Institut des Juristes d'Entreprise) will grant 1 continuous education point to its members for attending
this webinar.
Hybrid event
Online Safety – a global view: the changing face of regulation for digital businesses
30 November 2022 8:00 - 11:30 GMT
Dublin, Ireland (or online)
This event will spotlight the rapidly evolving new regulatory focus of online safety which is set to have a dramatic impact on digital businesses around the world.
Join us in Dublin or online to hear from Bird & Bird's online safety experts who will explore online safety developments in the EU, Ireland, the UK, Singapore and Australia, and highlight the headline issues that businesses need to start planning for.
All Ireland/Dublin attendees are encouraged to join in person to enable you to join the valuable breakout sessions and networking opportunities.
Find out more and register for the event here
Breakfast seminar - Finland
The effects of Finnish procurement law reform on public procurement
Aamiaisseminaari: Hankintalaki uudistuu - mikä muuttuu?
30 November 2022 8:45 - 10:45 EET
Bird & Bird office, Helsinki
Procurement law reform in Finland is due to come into force in early 2023, bringing with it many different questions such as, how to take into account environmental perspectives or how to
enhance quality and accountability in public procurement. These and many other issues will be explored by our experts Katia Duncker and Riikka Aarikka during the seminar.
The event (in Finnish) is suitable for everyone who is interested / working in public procurement.
Register for the breakfast seminar
More information here (in Finnish)
Bird & Bird news, articles & publications
Sports Data Rights: Genius v Sportradar settles – what does this mean for sports data rights holders and the industries they supply?
Less than a week into the much anticipated joined High Court / Competition Appeal Tribunal hearing, the live sports data battle between Betgenius (Genius), Football Data Co (FDC) and Sportradar has settled. In this article, our experts active in the Sports sector - Competition Legal Director Dr. Saskia King, IP partner Toby Bond, Commercial and Regulatory partner Andy Danson and Commercial associate Andrew Cox - consider the implications.
Brussels-based partner receives Client Choice Award
We are delighted to announce that EU Competition partner José Rivas was selected by corporate counsel to receive the Lexology Client Choice Award. The award recognises partners who stand apart for the excellent client care they provide and the quality of their service.
Award winners are highly rated by clients on the following client service criteria: quality of advice, commercial awareness, industry knowledge, strategic thinking, billing transparency, tailored fee structures, value for money, responsiveness, effective communication, clarity of documentation, sharing of expertise, appropriate staffing, project management, use of technology, loyalty and ethics.
'Top Competition & Antitrust Legal Dealmaker' Recognition - Spain
José Rivas, who is also active in Bird & Bird's Competition practice in Madrid, was recently recognised by Legal Dealmaker as a leading EU and Competition lawyer in Spain.
The recognition goes to the publication's best lawyers selection in the EU and Competition law/Antitrust practice. This includes professionals mainly devoted to Competition/Antitrust matters, acting before the Spanish Competition authority and courts as well as before the EU courts and institutions.
Madrid Senior Associate recognised in 'Best lawyers: Ones to Watch in Spain'
Congratulations to our Madrid-based Senior Associate Candela Sotés Macaya for being recognised as one of the best young lawyers in Spain in the categories Competition / Antitrust Law and European Union Law.
Recognition by Best Lawyers is based entirely on peer review, through a process designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Our Competition lawyers receive Mondaq Thought Leadership Award
Four of our articles have received the Mondaq Thought Leadership - Autumn 2022. The articles were the most popular with readers on the Mondaq platform in the past six months, in the
Antitrust/Competition law category.
Congratulations to the authors:
- Thomas Oster and Claire Burlin (France)
- Dr. Stephan Waldheim and Maren Steiert (Germany)
- Thomas Jones, Matthew Bovaird and Patrick Cordwell (Australia)!
See all the winning authors and their articles here
Regulatory & Public Affairs Practice
Our Regulatory & Public Affairs team led by Director Francine Cunningham helps you to navigate the EU environment and makes sure the voice of your business is heard by decision makers. The team can help you by signalling forthcoming legislation, organising your advocacy and engagement with decision-makers, helping your company to comply with incoming laws and much more.
Read more in the short brochure here
Partner bonding at recent retreat in Paris
Bird & Bird's first face-to-face international partners’ retreat since 2019 was a fantastic opportunity to connect with old friends and to make many new ones. Of course our international competition partners (some pictured below) didn't miss this opportunity to get together in person, to exchange and generate great ideas and initiatives for the year(s) ahead! Nothing beats seeing each other in person! One firm. Your firm.
