Further to our blog piece at the beginning of this year, there have been additional developments at the EU and national levels in respect to gun-jumping in merger cases. In general, a breach of EU or national rules could occur
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Guidance by the Court of Justice of the European Union on the Protection Against Double Jeopardy in Competition Law Cases
The Court of Justice of the European Union (CJEU) handed down two judgments providing guidance on the protection against double jeopardy (the principle ne bis in idem) in competition law cases. Article 50 of the Charter of Fundamental Rights of…
Client Alert: Sustainability Corporation Among Competitors and Competition Rules – Do We Have Clear Guidance from the European Commission?
The European Commission is currently running a public consultation on the draft Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements (“draft Horizontal Guidelines”) and the draft revised…
The CMA Investigation into EV Chargepoint Operators and Net Zero
On March 8, 2022, the Competition and Markets Authority (CMA) published its decision to accept commitments offered by Gridserve (the owner of The Electric Company Limited) and three motorway service area (MSA) operators: Roadchef, MOTO and Extra. This article considers…
Commission Moves Closer to Finalizing New Horizontal Guidelines and R&D and Specialization Block Exemptions
Since launching its review programme in September 2019, the Commission has been working to update its Horizontal Guidelines and two sets of block exemptions, R&D and Specialisation, both of which are due to expire on December 31, 2022. The Commission…
Revising the Horizontal and Vertical Merger Guidelines: A New Approach for Antitrust?
On January 18, 2022, Lina Khan, the Chair of the Federal Trade Commission (FTC), and Jonathan Kanter, the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (DOJ), held a joint press conference to announce…
DOJ Overcomes Motion to Dismiss No-Poach Antitrust Prosecution
A federal district court in Colorado last week handed the Department of Justice (DOJ) its second victory in its fight to criminally prosecute allegedly unlawful labor agreements, holding that alleged non-solicitation (or “no poach”) agreements among the defendants and their…
The UK’s Proposed New Subsidy Control Regime: Will it Work?
‘State aid’ is the term we would hear or read on a daily basis during the Brexit negotiations. The media described it as one of the ‘make or break’ issues which neither party, the UK or the EU, was willing…
Draft Policy Statement Updates Guidance for Negotiations and Remedies for Standards-Essential Patents
The US Department of Justice announced last month that it is requesting public comment on an updated draft policy statement on standards-essential patents (SEP). The December 6, 2021 draft statement was issued pursuant to the Executive Order on Promoting Competition…
Gun Jumping: The General Court’s Ruling
Gun-jumping can occur when parties fail to fulfil the two obligations laid down by the European Merger Regulation No 139/2004 (EUMR). Article 4(1) of the EUMR sets out the obligation to notify the European Commission (Commission) of a concentration with…