Competitive Edge: Competition & EU Law - September 2024
Written By
Keeping you up to date on Competition & EU law developments in Europe and beyond.
READ THE FULL NEWSLETTER HERE
SIGN-UP TO RECEIVE THIS MONTHLY NEWSLETTER BY CLICKING HERE
In Focus
The new competition tool: what is it and why do national regulators want it?
This article delves into the intriguing discussion surrounding the 'new competition tool' (NCT) that's creating a stir within the European Union. Its primary aim is to bolster the safeguarding of fair competition in the internal market with a fresh approach. The new competition tool is designed to empower primarily national competition authorities to address competition issues that are either not encompassed or cannot be effectively handled under the existing EU competition rules.
Against the background of the market investigation tool of the UK's Competition & Markets Authority, its consideration and subsequent abandonment by the European Commission, we explore the discussions relating to the adoption of a similar tool in several EU member states for their local competition authorities. Read more for an analysis of the tool's implementation in various countries, its evaluation by the European Commission, and lessons learnt for legislators considering its introduction.
Updates from our jurisdictions
EU
Joint Statement on Competition in Generative AI by global competition authorities
For more information, please contact Pauline Kuipers, Dr Saskia King, Reshmi Rampersad, or Antonio Rodrigues.
European Commission publishes draft Guidelines on exclusionary abuse, requests feedback
For more information, please contact Baptist Vleeshouwers and Álvaro López de Ochoa García.
Belgium
Increased Cooperation among Belgian Authorities to Share Information on Potential Violations of Competition Law
For more information, please contact Baptist Vleeshouwers and David Wouters.
Czech Republic
Expanding Control over Uncompetitive Markets and Sanctioning Executives? Czech Government Prepares Legislative Amendment to Tighten Oversight
For more information, please contact Vojtěch Chloupek and Martin Taimr.
Denmark
Fashion Retailer in a Stitch - Admits to Breaching Competition Law and Faces Fines
For more information, or further guidance in this area, please contact Morten Nissen or Nanna Sofie Krabbe.
Finland
Penalty proposal against manufacturers and wholesalers of plastic HVAC infrastructure pipes dismissed by the Market Court
For more information, please contact Katia Duncker, Petteri Metsä-Tokila or Maria Karpathakis.
Spain
Digital markets in the spotlight - CNMC fines Booking.com for abuse of dominant position
If you need more information or further guidance in this area, please contact Candela Sotés.
UK
Shaking Up the Bottle: CMA's Examination of the UK Infant Formula Market
For more information, please contact Dr Saskia King, Ariane Le Strat, Tenisha Cramer and Aimee Guzinska-Bowley.
The FCA and PSR publish a joint call for information on digital wallets
If you need more information or further guidance in this area, please contact Dr. Saskia King, Nassos Kalliris or Antonio Rodrigues.
Podcast
Competitive Edge - The Podcast Episode 11: Horizontal Sustainability Agreements – The UK CMA’s new regime
In this 13-minute episode, Ariane Le Strat, senior associate in our London Competition team and trainee solicitor Aimee Guzinska-Bowley engage in an informative conversation about the CMA’s Green Agreements Guidance. They discuss how the guidance applies to environmental sustainability agreements, where such agreements may or may not risk infringing competition law, and the things that you should keep in mind when considering collaborating with competitors on sustainability.
In Competitive Edge – The Podcast we dissect topical competition law issues to help you understand how they may affect your business.
If you have any questions or need clarifications, feel free to contact Ariane Le Strat or Dr. Saskia King.
Events and webinars
Webinar
Navigating Employment Issues in Investigations: A Guide for InHouse Counsel
16 October | Online
10:00 - 11:00 GMT | 17:00 – 18:00 CST
It's easy to overlook employment law requirements in investigations, especially when an authority carries out an unannounced search at a company’s premises (“dawn raid”) or when a whistleblower report triggers a hasty internal investigation. However, failing to consider employment issues in an investigation can create legal and reputational risks for the company and damage employee morale.
This Lexology-hosted 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 will share their experience in competition/criminal law investigations and Emily Clark will discuss the employment law requirements.
If you cannot make it to the live webinar, you can still register to receive the recording afterwards.
Full webinar description
Register for the free webinar
IBA 2024 Conference
15 - 20 September | Mexico City, Mexico
At this year's IBA conference, our Brussels-based partner Hein Hobbelen will be co-chairing, together with Jorge Kargl, a panel entitled “Emerging Digital Regulations: first lessons learned on the DSA, DMA, Data Act, AI Act.”.The panelists will discuss the new EU digital regulations (DSA, DMA, Data Act, AI Act, etc.), their impact on other countries, and the initial lessons learned.
The International Bar Association's annual conference is open to all legal professionals, at any stage in their career. It offers the opportunity to discuss the latest issues in the legal field and build valuable international connections. This year Bird & Bird is also sponsoring the LGBTI Law Committee dinner at the event.
More information on the conference here
Florence Competition Conference
IP, Innovation and Competition
3-4 October | Villa Schifanoia, Italy
This event, organised by the European University Institute and the Max-Planck Institute for Innovation and Competition, will discuss the complexities of the intersection of intellectual property rights and competition law, and feature presentations of unpublished papers by legal and economic scholars. Keynote speaker, Professor Herbert Hovenkamp, will offer insights into contemporary IP and antitrust issues, and our London-based Bird & Bird IP law partner Richard Vary will join a roundtable in which IP and competition law practitioners will discuss recent case law and administrative practice developments at the intersection of European competition and intellectual property law.
More information on the event here
Florence Competition Autumn School
Recent Developments in Competition Policy
14-17 October | Fiesole, Italy
If you are a mid-career professional looking to advance your knowledge in competition law and economics, this event will help you to stay at the forefront of this ever-evolving field.
Among a distinguished lineup of instructors is our senior associate Tialda Beetstra, who will be presenting on Leniency and Dawn Raids and leading an interactive Dawn Raid Simulation exercise on 16 October. The event is organised by the Centre for a Digital Society of the EUI (European University Institute).
More information on the event here
8th International Competition Law & Policy Conference
17 - 18 October | Athens, Greece
This annual event organized by Nomiki Bibliothiki gathers competition experts, academics, practitioners, and members of national and EU authorities to discuss the latest trends in competition law. Bird & Bird partner Jose Rivas will be speaking on State aid developments.
The key topics of this conference are:
- Overview of last year’s developments from the regulators’ perspective
- Key antitrust developments from the practitioners’ perspective
- Antitrust / Abuse of Dominance
- The DMA & DSA new era / Algorithms and AI ACT
- Merger Control
- State aid developments
This event is supported by the Hellenic Competition Commission, Hellenic Investors Association, and Hellenic Federation of Enterprises.
More information on the event here
Florence Competition Autumn Conference
The Digital Markets Act one year after: Where do we stand?
18 October | Fiesole, Italy and hybrid
Join this conference for a stimulating discussion on the status of the implementation of the Digital Markets Act (DMA), one year after the first gatekeepers’ designation decisions by the European Commission.
Our Brussels-based partner Hein Hobbelen will join a panel of experts discussing Gatekeepers designation: lessons learnt after one year. The event is organised by the Centre for a Digital Society of the EUI (European University Institute).
More information and registration
Bird & Bird news and publications
AI and Antitrust
Our experts Pauline Kuipers and Reshmi Rampersad contributed to the Competition Policy International's Antitrust Chronicle issue on AI and Antitrust, in which they discussed, among other things, the main features of the AI Act and its relationship with competition law, and the new regulators under the AI Act and their obligations in relation to competition law. In this piece they also addressed the risks of anticompetitive behavior when using AI and current market research undertaken by competition authorities.
AI and Competition law
Competition partner Pauline Kuipers was interviewed by Politico for their Fair Play newsletter article ‘AI and competition law’. The piece discusses challenges around AI from a competition law perspective, what regulators can do and more.
Article available (behind a paywall) here
The Spanish Commercial Court in Madrid confirms the EU Court of Justice finding that the prior authorisation rules of 2 sports governing bodies regarding interclub football competitions amounted to an abuse of dominance
This article by Dr. Saskia King and Candela Sotés was recently republished in the Concurrences eCompetitions Bulletin.
Subscribers can read the article here
The original article can be found here
Congratulations to our partners José Rivas, Anne Federle, Hein Hobbelen, Scott McInnes, Pauline Kuipers, Janneke Kohlen, Dr Jörg Witting and Peter Willis, who have again been recognised in the 2024 edition of Who's Who Legal for their work in Competition law.
