Competitive Edge: Competition & EU Law - October 2022

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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.

Read the full story

EU

The Informal Guidance Notice: a second life?

For more information, please contact Jose Rivas or Olga Markarian

Australia

ACCC Chair outlines key priorities for the year ahead

For 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

For more information contact Hein Hobbelen or Baptist Vleeshouwers

China

Update on Merger Control Filing under New Anti-Monopoly Law in China

For 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

Read the full story

For more information contact Vojtěch Chloupek or Martin Taimr

Denmark

Volvo transaction not in need of repairs despite high market shares

Read the full story

For more information contact Morten Nissen or Alexander Brøchner

Finland

Finland adopts new merger control thresholds

Read the full story

For more information, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis

France

TF1/M6: no honeymoon for the two French media heavyweights

Read the full story

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

Read the full story

For more information contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan

Netherlands

Concentrations in the healthcare sector in the Netherlands: futureproof?

Read the full story

For more information, please contact Pauline Kuipers, Reshmi Rampersad and Tialda Beetstra

Singapore

Growing Focus on Competition and Sustainability

Read the full story

For more information, please contact Sandra Seah

Spain

CNMC advocates for the deregulation of the mobile termination market

Read the full story

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.

Read more here

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.

Read more here

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.

Click here to access the chapter