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Category Archives: EU and Competition

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Key Proposals for the UK’s Vertical Block Exemption Successor

The proposals include certain notable changes, while also mirroring the current UK framework and the European Commission’s planned approach in many respects. By David Little, Alexandra Luchian, and James Mathieson The UK Competition and Markets Authority (CMA) has proposed replacing the retained Vertical Agreements Block Exemption Regulation (Retained VABER), which has applied in the UK … Continue Reading

FCA Issues New Rules on Insurance Pricing Practices

The new rules follow coordinated regulatory and antitrust scrutiny of overcharging loyal customers. By David Little, Victoria Sander, Gregory Bonné, and Anuj Ghai On 28 May 2021, the FCA published a policy statement setting out new pricing practices rules for insurers and insurance distributors. The new rules follow a September 2020 consultation paper and final … Continue Reading

VG Bild-Kunst: Practical implications of the CJEU’s latest decision on linking and framing

This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK By Deborah Kirk, Luke Vaz, and Amy Smyth Under UK and European laws, the rights of copyright holders include the right to restrict or prohibit reproduction … Continue Reading

End of Enhanced Reporting Requirements for Italian Listed Issuers

Italian Securities Commission returns to ordinary reporting requirements for listed issuers. By Antonio Coletti, Isabella Porchia, Guido Bartolomei, and Marta Negro The Italian Securities Commission (CONSOB), by press release dated April 12, 2021, announced its decision to end the more stringent reporting requirements originally introduced on April 9, 2020, as a response to the impact … Continue Reading

CONSOB Extends Reporting Requirements for Italian-Listed Issuers by 3 Months

More stringent reporting obligations regarding relevant shareholdings and investment objectives for Italian-listed issuers will continue until 13 April 2021. By Antonio Coletti, Guido Bartolomei, Marta Negro, and Isabella Porchia On 13 January 2021, the Italian Securities Commission (CONSOB) adopted Resolution 21672 (the Resolution), further extending for three months the more stringent reporting requirements for relevant … Continue Reading

CONSOB Again Extends Reporting Requirements of Relevant Shareholdings in Certain Italian-Listed Issuers

The more stringent reporting obligations for certain Italian-listed issuers will continue until January 13, 2021. By Antonio Coletti, Isabella Porchia, Guido Bartolomei, and Marta Negro The Italian Securities Commission (CONSOB) has adopted Resolution 21525, extending for a period of three months — from October 13, 2020, to January 13, 2021 — the provisions of Resolutions … Continue Reading

Greek Sustainability Initiative Promotes Cooperation Between Competitors

The initiative includes a competition law sustainability “sandbox” in which market participants could team up to work on sustainable business projects. By David Little and Pierre Bichet The Greek Competition Authority (HCC) has announced a public consultation on how competition law rules might be adapted to promote more sustainable business practices. The HCC published a … Continue Reading

CONSOB Extends Reporting Requirements of Relevant Shareholdings in Certain Italian-listed Issuers

The more stringent reporting obligations for certain Italian listed issuers will continue until October 12, 2020. By Antonio Coletti, Isabella Porchia, and Marta Negro The Italian Securities Commission (CONSOB) has adopted Resolution 21434, extending for a period of three months — from July 12, 2020, to October 12, 2020 — the provisions of Resolutions 21326 … Continue Reading

CMA Investigates Hand Sanitiser Pricing Practices

The investigation is being carried out under the CMA’s competition law powers rather than under its consumer protection functions. By John D. Colahan and Anuj Ghai On 18 June, the CMA released an update noting that it had launched an investigation under Chapter II of the Competition Act 1998 into suspected breaches of competition law … Continue Reading

Latest COVID-19 Taskforce Update Sets Out CMA’s Response to Principal Areas of Concern

The taskforce continues to receive and monitor complaints about unfair practices in relation to cancellations and refunds and potentially unjustifiable price rises. By John D. Colahan and Anuj Ghai On 21 May, the CMA released a further update setting out the work of its COVID-19 Taskforce in responding to complaints regarding competition and consumer protection … Continue Reading

CMA COVID-19 Taskforce to Investigate Unfair Cancellation and Refund Practices

The CMA has launched a programme of work to investigate reports of businesses failing to respect cancellation rights during the COVID-19 pandemic. By John D. Colahan and Anuj Ghai The CMA’s COVID-19 Taskforce Update on 24 April 2020 noted that its COVID-19 Taskforce had received a significant volume of complaints about unfair practices in relation … Continue Reading

CMA COVID-19 Taskforce Update Shows Areas of Concern

The CMA is concerned that businesses may be engaging in unfair practices in relation to cancellations and refunds, and unjustifiable price increases.  By John D. Colahan and Anuj Ghai Background On 24 April 2020, the Competition and Markets Authority (CMA) published an update on the work of its COVID-19 Taskforce (the Taskforce) (the Update Report). … Continue Reading

CMA Issues New Guidance on Merger Assessment During COVID-19 Pandemic

The guidance includes a refresher on “failing firm” defence claims, for which the CMA will maintain a high bar. By John D. Colahan, Stephanie Adams, and Peter Citron On 22 April 2020 the UK’s Competition and Markets Authority (CMA) published guidance on its assessment of mergers during the COVID-19 pandemic. This follows the guidance the … Continue Reading

Italian Government Amends List of Essential Activities Annexed to the D.P.C.M.

D.P.C.M. now includes measures for certain manufacturing industries, as well as call centres and civil engineering works, but excludes employment agencies. By Giancarlo D’Ambrosio and Giovanni B. Sandicchi By decree of the Ministry of Economic Development, adopted yesterday and in force since today, March, 26, 2020, several amendments have been made to the list annexed … Continue Reading

Italian Government Suspends Non-Essential Industrial and Commercial Production Activities

The new decree imposes measures in effect from today until April 3, 2020 to combat the spread of COVID-19. By Giancarlo D’Ambrosio and Giovanni B. Sandicchi Yesterday evening, the Italian government adopted a new decree (D.P.C.M. of March 22, 2020), which suspends, as of today, non-essential industrial and commercial production activities throughout the country to … Continue Reading

Competition Law in the Energy Sector: What to Look Out For in 2020

Ofgem’s recently announced goals and developments and changes to the post-Brexit state aid regime will have important implications for market players. By John D Colahan, Stephanie Adams, and Anuj Ghai 2020 is set to be a an important year for competition law-related enforcement in the UK energy sector not least as it waits for the … Continue Reading

Competition Law and Online Sales Restrictions: UK Court of Appeal Judgment in Ping

Court ruling confirms that online sales restrictions can amount to a serious infringement of competition law. By John D. Colahan and Anuj Ghai On 21 January 2020, the UK’s Court of Appeal ruled that the online sales restrictions contained in Ping’s internet sales policy (ISP) constituted a restriction of competition by object. The Court of … Continue Reading

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance

The CAT’s Royal Mail v. Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. By David Little, Gregory Bonné, Alexandra Luchian, and Nathan Wilkins On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against a £50 million … Continue Reading

Antitrust Clearance: Keeping Your Deal On Track

In our latest video series, out antitrust lawyers discuss key merger control issues that dealmakers should consider to ensure a smooth antitrust review of strategic transactions. Click on the video playlist below or visit our video gallery page to hear their views on key topics impacting global transactions; gain practical tips on how to minimize … Continue Reading

Italy Introduces Comprehensive Reform of Class Action Rules

New law aims to expand the currently limited application of class actions in Italy. By Antonio Distefano and Isabella Porchia The Italian Parliament recently introduced a comprehensive reform of the rules governing class actions with Law No. 31 of 12 April 2019 (the Reform). The Reform, which was published in the Official Gazette on 18 … Continue Reading

Market Participants Welcome Clarity on German Real Estate Transfer Tax Reform

Federal Ministry of Finance publishes draft tax bill outlining new measures effective 1 January 2020. By Tobias Klass The Federal Ministry of Finance has released its first draft tax bill on the contemplated real estate transfer tax (RETT) reform, setting out the general framework to which market participants must conform. German political debate has focused … Continue Reading

FCJ Decision Updates Shareholders’ Resolution Requirement for Sale of GmbH Assets

While a shareholders’ resolution is still required, the FCJ left open the question of whether notarization of the resolution is necessary. By Christian Thiele and Otto von Gruben The German Federal Court of Justice (FCJ) decided on 8 January 2019 that Section 179a (1) of the German Stock Corporation Act (AktG) does not apply mutatis … Continue Reading
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