On 3 September 2024, the European Court of Justice (“ECJ”) published its highly-anticipated judgment in Illumina/Grail v Commission (Joined Cases C‑611/22 P and C‑625/22 P) (“ECJ Judgment”), regarding the scope of application of Article 22 of the EU Merger Regulation
Covington Competition
The Covington View
Covington Competition, published by Covington & Burling LLP, focuses on competition law and regulatory developments within the European Union and globally. The blog covers topics such as foreign direct investment (FDI) screening regimes, antitrust enforcement including no-poach agreements and minority shareholdings, state aid frameworks supporting industrial and clean energy initiatives, and sector-specific regulatory issues like defense and technology. It analyzes trends in merger control, investment screening, and competition policy enforcement, providing insights into legal and policy intersections affecting corporate transactions, compliance, and market competition.
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From Concept to Precedent: The 2024 Draft Guidelines on Article 102
By Kevin Coates
The European Commission’s draft guidelines on exclusionary abusive conduct by dominant firms under Article 102 TFEU (the “Draft Guidelines”) were published on 1 August 2024. They show a marked change from the 2009 Article 82 [now Article 102] Enforcement Priorities…
D.C. District Court Finds Google Monopolized Online Search Text Ads Markets
On August 5, 2024, Judge Amit Mehta of the U.S. District Court for the District of Columbia concluded that Google has monopolized markets for online searches and search text advertising and unlawfully engaged in exclusionary conduct in those markets. Specifically,…
The 2024-2029 Commission Political Guidelines: Where Is Competition Policy Likely Headed?
On 18 July 2024, the current President of the European Commission (“Commission”), Ursula von der Leyen, was reconfirmed by the European Parliament for a second 5-year term. As part of her reconfirmation, President von der Leyen delivered a speech before…
Texas District Court Enjoins FTC’s Rule Banning Non-Compete Clauses
On July 3, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas granted the motions for a preliminary injunction—filed by Ryan LLC and several trade associations, including the U.S. Chamber of Commerce—to prevent…
Federal Trade Commission asserts significant anticompetitive harms in Interim Staff Report on the pharmacy benefit manager industry
On July 9, 2024, the Federal Trade Commission (“FTC”) voted 4-1 (with Commissioner Melissa Holyoak dissenting) to release an Interim Staff Report (the “Interim Report”) entitled: Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies…
The Commission amends regional aid rules to foster support for strategic technology projects
On 31 May 2024, the European Commission (“Commission”) adopted an amendment to its Regional aid Guidelines (“RAG”), allowing EU Member States to grant higher amounts of aid to investment projects falling into the Strategic Technologies for Europe Platform’s (“STEP”) objectives…
The UK’s New Digital Markets Regime: Some Key Takeaways
This year, the UK’s Competition and Markets Authority (“CMA”) is set to gain a range of new enforcement powers under the Digital Markets, Competition and Consumers (“DMCC”) Act (the final text is now available here). The DMCC Act received…
Overview of the UK’s New Digital Markets Regime
The Digital Markets, Competition and Consumers (“DMCC”) Act received Royal Assent on 24 May 2024 (the final text is now available here). The DMCC Act will only enter into force, however, when secondary commencement legislation has been enacted (with…