Competitive Edge: Competition & EU Law - November 2024
Written By
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
Keeping you up to date on Competition & EU law developments in Europe and beyond.
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In Focus
UK collective competition damages claims
In this article, we explore the rise of collective competition damages claims in the UK. Since their introduction in 2015, these claims have become a prominent feature of the UK competition landscape, with around 54 claims currently under way across diverse sectors. While initial progress was slow, a pivotal Supreme Court ruling in 2020 set the stage for a surge in claims.
This article provides an overview of the regime, outlines key issues, and discusses the growing involvement of third-party funders, the potential impact of settlements, and the need for further clarification on limitation periods. With the pace of claims unlikely to slow, this article sheds light on the evolving legal environment and its implications for large corporations.
Great news! Our award-winning Dawn Raid eLearning course is now available in five languages: English, French, German, Italian and Spanish.
Explore our suite of Competition compliance eLearning courses here
Updates from our jurisdictions
EU
When does the hiring of another company's staff require merger control approval?
If you need more information or further guidance in this area, please contact Anne Federle or Aurélie de Amorin.
Czech Republic
Major Legislative Changes, Sectoral Investigations and Data Sharing. What is on the Czech Competition Office’s Horizon?
If you need more information or further guidance in this area, please contact Vojtěch Chloupek, Martin Taimr or Matej Šinkovic.
Denmark
A door opens to the Danish mortgage market
If you need more information or further guidance in this area, please contact Stefan Brkic or Morten Nissen.
Finland
Finnish Competition Authority seeks below threshold merger control to curb private equity investors' buy-and-build strategies
For more information or further guidance in this area, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis.
France
French Supreme Court ruling on voluntary document handover post-dawn raids: a cause for concern
If you need more information or further guidance in this area, please contact Thomas Oster or Elsa Mandel.
Germany
Update: Liability of board members and managing directors for corporate fines and damages claims
If you need more information or further guidance in this area, please contact Dr. Stephan Waldheim or Gitty Narymany Shandy.
Hungary
Hungarian Competition Authority releases market analysis on AI in Hungary
If you need more information or further guidance on this topic, please contact Gábor Kutai or Kinga Kálmán.
Italy
G7 competition authorities identify shared guiding principles to address AI-related risks
If you need more information or further guidance in this area, please contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan.
Netherlands
Final verdict in Dutch cold fish storage-cartel: AKZO-presumption applicable and no fishing expedition
If you need more information or further guidance in this area, please contact Pauline Kuipers or Joost van Roosmalen.
Spain
Spanish financial sector in the spotlight: CNMC opens a second phase investigation of the BBVA-Sabadell merger
If you need more information or further guidance in this area, please contact Candela Sotés.
Visit our Foreign Direct Investment (FDI) webpage
If you missed it, check out our special edition newsletter on Foreign Direct Investment (FDI) sent out in October.
Podcast
Women in Antitrust podcast Competition Law issues in the UK
Our London-based partner Dr Saskia King was interviewed in this episode of the WIA - Women in Antitrust Brazil podcast series. She was asked about a range of highly topical competition law issues affecting the UK, including green agreements, the digital economy, AI, mergers and damages claims. Saskia also discussed her varied and interesting career - an inspiration for young lawyers - and her contagious enthusiasm for competition law.
Events and webinars
Webinar
Navigating Employment Issues in Investigations: A Guide for InHouse Counsel
If you missed this webinar held on 16 October, you can watch the recording at the link below.
The masterclass walks you through the typical stages of an investigation, starting with an unannounced search of the company’s offices, and explains how to deal with employment law requirements at each stage.
Speakers Anne Federle and Paweł Sawicki share their experience in Competition/Criminal law investigations, Emily Clark discusses the Employment law requirements while Willy Mikalef contributes insights from the Data Protection perspective.
Reach out to the speakers if you need guidance in this area.
Conference
GCR Live: Competition Enforcement in Australia
28 November 2024 | Sydney, Australia
This event will gather leading experts in the field to discuss topics such as National Competition Policy, ESG collaboration, merger control in practice and algorithmic collusion. Our Sydney-based partner Thomas Jones will join the panel Algorithmic collusion: a forward-looking approach, which will cover the following topics:
- Key considerations related to The Preventing Algorithmic Collusion Act
- The role of regulation in promoting procompetitive efficiencies whilst preventing collusion
- Guidance for companies that use AI and information sharing tools
- Mandatory measures needed to ensure the growing influence of technology does not inhibit market competition.
More information on the event here
Conference - Poland
XVI Competition Law Congress
27 - 28 November 2024 | Warsaw, Poland
One of the most important antitrust conferences in Poland, this year's edition includes a group of experienced and esteemed speakers from renowned law firms, in-house lawyers, and representatives of the Polish Office of Competition and Consumer Protection (UOKiK).
Speakers from Bird & Bird include Counsel Marcin Alberski and Senior Associate Szymon Golębiowski, who will present on Competition law and the protection of interests of employees and employers.
Bird & Bird news and publications
Florence Conference on IP, Competition and Innovation
On 3 October, partner Dr. Stephan Waldheim joined a panel at the conference in Florence, Italy, discussing the role of competition, intellectual property and innovation in a digital society. The event was organised by the European University Institute (EUI) and the Max-Planck Institute for Innovation and Competition.
More information on the event here
Women@CompetitionNL 5 year anniversary event
Partner Pauline Kuipers was invited to speak at the W@CompetitionNL 5 Year Anniversary Event, which took place on 18 November in Amsterdam. She joined a panel with Michiel Boots, DG Economy and Digitalization, Ministry Economic Affairs and Monique Van Oers, Director Legal at the ACM, which was moderated by Natalie McNelis, Journalist at Mlex. The topic of the panel discussion "Beyond the Dutch clause”, focused on the need for the ACM to introduce new competition tools.
More information on the event here
9th edition of Wolters Kluwer's Text & Commentary on Competition Law (in Dutch)
The 9th edition of Wolters Kluwer's Text & Commentary on Competition Law has recently been published in a revamped format and with a more comprehensive content scope.
The new edition not only presents updated expert commentary on the Competition Act and the ACM Establishment Act, but also introduces commentary on Dutch regulations related to foreign investment screening. This addition comes as many competition lawyers, both locally and internationally, have started to actively engage in this area.
Pauline Kuipers and Janneke Kohlen from Bird & Bird have contributed to this textbook as editor and author, respectively.
Pauline and Janneke have a few complimentary copies available for Dutch clients, on a first come first serve basis. Get in touch with them if you would like to receive your copy.
Contributor to the World Bank's Business Ready (B-READY) project
Our Rome-based Competition partner Federico Marini Balestra has been chosen as one of the contributors to the World Bank Group’s Business Ready (B-READY) project, providing input on Competition law in Italy, which will help the World Bank Group prepare their assessment of business climates across the world.
Employee welfare - Poland's antitrust scrutiny of labour markets
Our Warsaw-based Senior Associate Szymon Golębiowski authored an article on the recent developments in Polish competition policy in labour markets. The piece was published on Competition Law Insight (CLI), a platform which provides coverage of antitrust law across a wide range of industries.
Read more here (registration wall)
No-poach agreements
Brussels-based Competition Associate Paula González Alarcón was recently interviewed by Politico for their Fair Play newsletter article on no poach agreements.
Article available (behind a paywall) here
Our growing Competition law team in London has received great client feedback in the recent Legal 500 UK guide.
Recognition in Chambers UK 2025
Our London-based Competition and Tech & Comms Legal Director Anthony Rosen has been highlighted as One to Watch in the 2025 Chambers UK guide, where Bird & Bird has retained our Band 1 status in Telecommunications and Information Technology & Outsourcing, among many other areas.
