Complex transactions are subject to an increased level of antitrust scrutiny by competition authorities. This often results in extended waiting periods between signing and closing – it can nowadays be one year or even longer before the parties are able to implement the deal. For the acquiring company it is often important to start planning…

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Eight years after the conclusion of the 2008 pharmaceutical sector inquiry, it is clear that the Commission has largely been true to its stated enforcement priorities. However, the recent announcement of an…

The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has increased significantly in recent years, from a few hundred to several hundred thousand, in particular in Phase I or Phase II cases that raise substantial issues. If the document request is issued during the formal proceedings, the documents…

On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital single market (DSM) initiative (the DSM Review), both of which were originally announced in May 2015. The E-Commerce Report confirms that the Commission has…

The “New Frontiers of Antitrust 2017” competition law conference organized by Concurrences Review will be held in Paris on June 26, 2017. This year the conference, held each year since 2009, will focus on Competition Authorities, Mergers and Innovation, State Aid and Tax Ruling, and the Politics of Competition Regulation. The “Competition Authorities: Towards More…

It is becoming increasingly common for companies to set prices for their products automatically using algorithms. One recent study found evidence of more than 500 sellers using algorithmic pricing on Amazon marketplace (see here). The Commission’s Preliminary Report on the E-commerce Sector Inquiry also reported use of automatic price adjustments (see paragraph 552). There are…

What light does the European Commission’s much anticipated 130-page decision, published Monday, 19 December 2016, shed on the Commission’s case and the parties’ prospects for appeal? In the second of a series of short blogs on the Apple case, here’s a quick-look review and comment on the Commission’s decision. We know now that the Commission’s…

Introduction On a number of occasions the Court of Justice (CJEU) has been tasked with deciding how familiar concepts of competition law apply to novel facts.  In Eturas (Case C-74/14, judgment of 21 January 2016), questions of how concerted practices should be considered in the online world were referred to the CJEU for a preliminary…

By Mark Katz, Davies Ward Phillips & Vineberg LLP and Joseph Adler, Hoffer Adler LLP INTRODUCTION The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food…

On 20 September 2016, the European Commission (“Commission”) issued its first settlement decision under Article 102 TFEU following the introduction of Regulation 1/2003 and reduced the fine of Altstoff Recycling Austria (“ARA“) by 30% in exchange for its cooperation. ARA’s fine was thus reduced to €6 million. In addition to the press release, the Commission…