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The European Commission has extensively updated and expanded its guidance on market definition under competition law. This is significant for companies and their advisors, as a correct market definition is crucial in competition law, especially when it comes to determining a company’s market shares or competitors. Read more »
The EU Commission has fined food group Mondelez (brands: Milka, Toblerone, Oreo and others) 337.5 million after dawn raids in several countries and several years of cartel proceedings. The allegation: Mondelez is said to have foreclosed national markets through sales practices that violated competition law. Read more »
Many companies have already recognised the necessity of antitrust compliance. In some cases, however, the companies are not fully aware of which divisions and employees could be affected by antitrust law. Recently, human resources departments around the world have increasingly become the focus of cartel authorities. Read more »
Antitrust violations among competitors can regularly result in cartel damages claims from potentially harmed customers in addition to high fines of up to 10 percent of the annual group turnover. In recent years, cartel damages law in Germany has become increasingly plaintiff-friendly and litigation has increased. Read more »
Business combinations are often subject to merger control clearance by the antitrust authorities. In recent years, there have also been an increasing number of antitrust authority reviews of competition-relevant transactions that remained below the legal thresholds. Read more »
On 12 January 2023, the Regulation on foreign subsidies distorting the internal market (Regulation (EU) 2022/2560; "FSR") entered into force. The FSR aims to prevent distortions of competition through foreign subsidies. In this respect, the EU legislators identified a regulatory gap. Read more »
The proper implementation of competition law by companies is an imperative for competitiveness, as potential penalties are high in all jurisdictions. Indeed, recently, rules have tended to align worldwide on the heaviest sanctions. Read more »
In Poland, antitrust cases are handled by the President of the Office for Competition and Consumer Protection (“OCCP”). The specific nature of antitrust proceedings is that they are most often preceded by an investigation. Read more »
n 2020, the Estonian Supreme Court ruled in a case (No. 2-15-505) where the legality of the sales price charged by an undertaking in dominant position under a sales contract was in dispute. The claimant brought an action for damages and, in the alternative, an action for unjust enrichment against the defendant. Read more »
2022 witnessed an important reform in China’s Antimonopoly Law. The revised Anti-monopoly Law of the People’s Republic of China, which came into effect on 1 August 2022, not only expanded the overall scope of its application, but also significantly increased the penalties and liability for monopolistic behavior. Read more »
In the context of investments in India, antitrust law in India often appears to play a secondary role. This impression is supported by the fact that the Indian economy is "dominated" by very large Indian conglomerates. Read more »
Johannes Scherzinger, LL.M. (King’s College London)
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