Competitive Edge: Competition & EU Law - June 2024
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Keeping you up to date on Competition & EU law developments in Europe and beyond.
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In Focus
The UK’s Green Agreements Regime: Lessons learnt on the new sustainability frontier
In response to growing fears that UK businesses were deterred from pursuing legitimate sustainability collaborations because of competition law concerns, the UK's Competition and Markets Authority (CMA) introduced the groundbreaking Green Agreements Guidance in October 2023. The Guidance establishes an opendoor policy for sustainability agreements as well as a more permissive approach for climate change agreements. It highlights the CMA’s commitment to facilitating the UK’s transition to a net zero economy and provides a clear pathway for companies seeking to make progressive changes. However, the regime also has limitations. Nine months after it took effect and following the publication of two informal guidance decisions, we take stock of this new regime.
Updates from our jurisdictions
EU
The enforcement of the FSR continues to make headlines
If you need more information or further guidance in this area, please contact José Rivas, Paula González and Antonio Rodrigues.
Australia
A data-driven approach: ACCC releases report on competition and consumer issues of data products and services
For more information or further guidance in this area, please contact Thomas Jones, Dylan McGirr, and Ruby Simpson.
Belgium
Belgian Competition Authority Outlines its 2024 Priorities
For more information or further guidance in this area, please contact Baptist Vleeshouwers, and Claire De Neve.
Denmark
Amendments to the Danish Competition Law result in challenging alterations
If you need more information or further guidance in this area, please contact Morten Nissen or Nanna Krabbe.
Finland
A Finnish care service provider is set to receive a fine of EUR 4.4 million for misconduct of procedural instructions within investigation
If you need more information or further guidance in this area, please contact Petteri Metsä- Tokila or Maria Karpathakis.
France
Very First Application by the Board of the French Competition Authority of the Towercast Ruling under the Anti-Competitive Agreements Rules
If you need more information or further guidance in this area, please contact Thomas Oster and Matthieu de Calbiac.
Overview of French decision-making practice in the video gaming industry
If you need more information or further guidance in this area, please contact Thomas Oster and Matthieu de Calbiac.
Germany
German Federal Cartel Office greenlights ecofriendly reusable plant trays scheme
If you need more information or further guidance in this area, please contact Dr. Stephan Waldheim and Maren Steiert.
Hungary
Significant Changes to Numerous Competition Law Institutions
If you need more information or further guidance on the Amendment, please contact Gábor Kutai or Kinga Kálmán.
Netherlands
Cracking the Dutch Savings Market: ACM's market study report and recommendations
For more information or further guidance in this area, please contact Pauline Kuipers or Reshmi Rampersad.
Poland
Polish video games market under scrutiny by Competition Authority
If you need more information or further guidance in this area, please contact Szymon Golebiowski.
Spain
Spanish Court confirms the CJEU conclusions in the European Super League case
If you need more information or further guidance in this area, please contact Dr. Saskia King and Candela Sotés.
UK
AI regulation in the UK – where are we now?
If you need more information or further guidance in this area, please contact Dr Saskia King, Kate Deniston, Katerina Tassi, Gavin Punia, Thomas Hepplewhite, Matthew Buckwell, Michael Rudd, Kathryn Parker, Simon Phippard or Roger Bickerstaff.
Probing Paws: CMA Launches Full Market Investigation into UK's Veterinary Sector
If you need more information or further guidance in this area, please contact Dr. Saskia King, Pieter Erasmus, Graeme Payne, Shelley Nadler.
Events and webinars
The Law Society Conference International Antitrust Summer Conference 2024
26 June | London, UK
Join this conference in London, where industry experts will be leading interactive discussions on global issues in competition law, providing attendees with the latest updates on enforcement priorities, policy changes and other interesting insights. Our London-based Senior Associate Ariane Le Strat will be chairing a panel on Sustainability and horizontal cooperation.
More information on the conference here
In-person seminar
Contract Law Seminar Series - Media, Entertainment & Sport
26 June | London, UK
Join us for a Contract Law Seminar for Media, Entertainment & Sports lawyers, where our partners Andrew White, Ian Edwards, Emma Drake and Dr. Saskia King will provide you with in-depth, up-to date information, combined with practical and commercially focused insights. Topics that will be covered include developments in limitation of liability, good faith, force majeure, contracting for AI, data protection, competition law for commercial contracts and other key areas.
The seminar will be followed by networking drinks.
More information and registration here
ERA - Academy of European Law
Summer Course on European Antitrust Law
1 - 5 July | Trier, Germany
This course provides participants with a thorough understanding of the basics of EU antitrust law and a comprehensive update on the latest developments in each field.
On 5 July, our Brussels-based competition partner Hein Hobbelen and counsel Baptist Vleeshouwers will present on The Commission’s leniency policy: a key tool in the fight against cartels and lead a simulation exercise to raise awareness of potential procedural issues during a dawn raid.
More information about the course
Conference
CompLaw Summer School
5 - 9 August | Downing College, Cambridge, UK
Two of our partners will be speaking at the 26th edition of Informa's all-inclusive, residential event covering EU and UK competition law and competition economics. This event aims to provide a robust understanding of competition law, offering intensive lectures, practical discussions, indepth Q&As and real-life case studies. Attendees will learn from top minds in competition law and economics, stay updated on developing hot topics and have the chance to network with peers and experts.
Anne Federle will present on Hard Core Cartels & the EU Leniency Programme and Dr. Saskia King will speak on Merger Control, providing a Practical Guide to Merger Proceedings and leading a case study.
Use our VIP code to register for the conference with a 20% discount
Online course
ERA Summer Course on EU Digital and Information Technology Law
9 - 13 September | Online
This course offers legal practitioners a thorough introduction to the the legal and institutional framework of EU digital and IT law, focusing on emerging technologies such as AI and Internet of Things, and EU initiatives on access to data in the digital environment.
Pauline Kuipers will share her knowledge and experience in the session titled Competition law aspects, digital platforms, AI and big data, covering the DMA, competition law in the IT, AI and in the digital sectors.
More information on the course here
Conference - recordings
Swedish Competition Authority's 23d annual Pros and Cons conference
On 20 May, our Dutch Competition partner Pauline Kuipers discussed the Pros and Cons of New Competition Tools on a panel at the annual Pros and Cons conference organised by the Swedish Competition Authority (Konkurrensverket) in Stockholm.
The conference featured a keynote speech by Martin Coleman, the CMA Panel Chair, and panels were moderated by Evelin Pärn-Lee (DG of the Estonian NCA), Richard Whish (Kings College) and Eva Edwardssson (Swedish judge). Pauline joined Panel 3: The Optimal Design of a New Tool.
View recordings from the conference sessions here
Bird & Bird news and publications
Takeaways from recent seminar
Key Trends in UK Competition Law Enforcement
At this event, held in our London office on 14 May, our guest speakers Bethan Watts (CMA) Marc Braithwaite (FCA), Richard Neville (Warner Bros. Discovery) and Eliza Petritsi (Deutsche Bank) discussed the impact of AI, sustainability, as well as the Digital Markets, Competition and Consumers Bill on competition law enforcement. The discussion took place under Chatham House Rules, but we prepared a short summary of key takeaways for you to read here.
Main Developments in Competition Law and Policy 2023 – The Netherlands
This article authored by Pauline Kuipers and Reshmi Rampersad was recently published on the Kluwer Competition Law Blog.
Top ranked in Germany
Congratulations to partner Dr. Stephan Waldheim for his recognition in WirtschaftsWoche as one of the best Antitrust lawyers of 2024. WirtschaftsWoche is one of Germany's most well-known economic weekly newspapers.
Bird & Bird was also recognised as "Top law firm 2024" in this publication.
Best Lawyers in Germany
Congratulations to our Dusseldorf - and Munich - based associate Dr Florian Hinderer, who has been selected for inclusion in the 2024 edition of Best Lawyers: Ones to Watch in Germany™ for his expertise in Competition / Antitrust Law.
Using peer review methodology, Best Lawyers: Ones to Watch recognizes lawyers in the early stages of their careers for their outstanding professional excellence in private practice.
Asia's Leading Satellite Conference
The head of our Sydney competition law team, Thomas Jones recently spoke on a panel at the Satellite Industry Forum in Singapore on 28 May. The year 2023 was a volatile year in the space industry for financing and insurance, but also a year in which new business models picked up momentum. The panel discussed what trends we could expect to see in the near future.
Thomas is a telecommunications regulatory and competition law specialist, and co-heads Bird & Bird’s global Satellites and Space Activities Group. He also co-leads the well-established Technology and Communications sector group in Bird & Bird Australia and has recently been recognised by “Who’s Who Legal” as a Global Elite Thought Leader in Telecoms and Media.
More information on the conference here
Article on AI and competition law published in Dutch journal
The article Artificial Intelligence: een nieuwe dimensie voor mededinging en toezicht? written by our partner Pauline Kuipers and associate Reshmi Rampersad was published in the Dutch journal Mededingingsrecht in de Praktijk (MP). In this piece the authors discuss the regulation of AI and its impact on the application of competition law. They also cover the competition law risks of AI.
Feel free to reach out to the authors if you would like more information or a translation of the article.
Mondaq Thought Leadership Awards - Spring 2024
We are delighted to announce that two of our articles have received the Mondaq Thought Leadership Award - Spring 2024. These articles were the most popular with readers on the Mondaq platform in the past six months, in the Antitrust/Competition law category.
Congratulations to the authors!
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The new EU regime for horizontal agreements: Standardisation agreements - Sleeping Beauty Awakened or The Emperor’s New Clothes? by Tamy Tietze, Dr. Stephan Waldheim (Germany) and Candela Sotés (Spain).
Read the article here - The new EU regime for horizontal agreements: What’s new about Joint purchasing agreements/buying alliances by Janneke Kohlen (Netherlands)
Read the article here
See all the winning authors and their articles here
