13 November 2019
Five years of the Competition Damages Directive: The first rulings from the European Court of Justice
www.twobirds.com/en/news/articles/2019/global/five-years-of-the-competition-damaged-directive

November 2019 marks the 5th anniversary of the adoption of the EU Competition Damages Directive. We lead with an analysis of the two judgments of the European Court of Justice to date that address this Directive.

13 February 2019
The threshold of 'transnationality' in EWC matters
www.twobirds.com/en/news/articles/2019/global/threshold-of-transnationality-in-ewc-matters

The European Works Council ('EWC') is a body of workers information and consultation in the European Union. Its material scope of authority is limited to transnational matters, i.e. matters that concern the ...

05 February 2019
"Effective enforcement of EU competition rules in the pharmaceutical law remains a matter of high priority…"
www.twobirds.com/en/news/articles/2019/global/effective-enforcement-of-eu-competition-rules-in-pharmaceutical-law

So notes the Commission's report on competition enforcement in the pharmaceutical sector (2009-2017) published at the end of January 2019.

15 April 2019
EC Expert Group calls for changes to antitrust enforcement in digital markets
www.twobirds.com/en/news/articles/2019/global/ec-expert-group-calls-for-changes-to-antitrust-enforcement-in-digital-markets

In these final months of Margrethe Vestager's mandate as European Competition Commissioner, she is pursuing a serious reflection on whether or not traditional competition rules and principles are fit for purpose in this ...

17 November 2020
Supreme Administrative Court decides on clearly disproportionate fines for unauthorized acquisition
www.twobirds.com/en/news/articles/2020/global/supreme-administrative-court-decides-on-clearly-disproportionate-fines-for-unauthorized-acquisition

In a recent decision concerning the case of an unauthorized acquisition, the Supreme Administrative Court concluded that fines which are not clearly disproportionate cannot be reduced by the Regional Courts, and must be ...

09 April 2020
State aid support to the Hotel and Leisure sector following the COVID-19 outbreak
www.twobirds.com/en/news/articles/2020/global/state-aid-support-to-the-hotel-and-leisure-sector-following-the-covid19-outbreak

The European Commission has recognised the Hotel and Leisure sector as one of the sectors hit hardest by the COVID-19 outbreak. The impact of the COVID-19 crisis on the Hotel and Leisure sector is unparalleled. The ...

12 May 2020
Overlooked Issues in Merger Control
www.twobirds.com/en/news/articles/2020/global/overlooked-issues-in-merger-control

Following the MOWI gun jumping case our competition team shares their experiences on some of the overlooked features of merger control capable of leaving notifiable transactions inadvertently being left un-notified.

13 October 2020
European Commission confirms the need for more guidance on retail parity or most favoured nation (‘MFN’) clauses
www.twobirds.com/en/news/articles/2020/global/retail-parity-or-most-favoured-nation-mfn-clauses

One of the key gaps in the current competition law framework for vertical agreements is the absence of guidance on how retail parity clauses (also known as MFN’s) should be assessed under Article 101 TFEU. In the ...

13 May 2020
Food and Beverage & COVID-19 & Antitrust Q&As
www.twobirds.com/en/news/articles/2020/global/food-and-beverage-and-covid19-and-antitrust-qas

As a general rule, companies are required to self-assess whether any cooperation they enter into is antitrust compliant. This is particularly true when it comes to cooperation with competitors which finds itself in the ...

10 July 2020
Consultation regarding the EU Market Definition Notice
www.twobirds.com/en/news/articles/2020/global/consultation-regarding-the-eu-market-definition-notice

The Commission took its next steps in the review of the European Competition law rulebook. On 26 June 2020, the Commission published a consultation on the review of the EU Market Definition Notice with a deadline to ...