Competitive Edge: Competition & EU Law - February 2025

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In Focus

Interim Measures: Is the European Commission Catching Up with (French and Belgian) National Competition Authorities?

Following the European Commission's recent announcement that itnis seeking interim measures to safeguard competition onntransatlantic airline routes, and its report on the use of interimnmeasures by national competition authorities, this article exploresnthe application of interim measures by the European Commission, as well as the Belgian and the French competition authorities. Itnoutlines the conditions and timeframes for the adoption of interimnmeasures and explores how they can serve as both a shield and answord for market players engaged in commercial negotiations. Thenpiece also provides key takeaways for businesses that may findnthemselves in situations where interim measures are warranted.

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Thirty-five years of antitrust in thendigital world: a tale of power,ntechnology and freedom

This article explores the complex evolution of antitrust laws in response to the rise of the digital era. Drawing parallels with the monopolistic aspirations of John D. Rockefeller in the oil industry, the article explores how the birth of the Internet and the boom ofntech giants have prompted intense debates on the role of antitrustnlaws and the responsibilities of competition authorities. As thendigital industry becomes more deeply entrenched in our lives, thenquestion arises: how should we adapt our thinking aboutncompetition law for the new digital age? Dive into this compellingndiscussion to understand where this debate has led us, and what itnmeans for the future of antitrust in the digital world.

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Updates from our jurisdictions

Belgium

Below-Threshold Merger Scrutiny: The Belgian Competition Authority strikes again

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If you need more information or further guidance in this area, please contact Baptist Vleeshouwers or Claire De Neve.

Denmark

DJ, please DO stop the Music

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If you need more information or further guidance in this area, please contact Morten Nissen or Nanna Sofie Krabbe.

Finland

The Finnish FDI Act Revision: Stricter Approach to Critical Infrastructure and Expanded Scope Expected

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If you need more information or further guidance in this area, please contact Maria Karpathakis.

Netherlands

ACM kicks off 5 market investigations – whywait for a New Competition Tool?

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If you need more information or further guidance in this area, please contact Pauline Kuipers.

From Proposal to Practice: the ACM is all set to enforce the Digital Services Act

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If you need more information or further guidance in this area, please contact Pauline Kuipers, Joost van Roosmalen, Roelien van Neck and Frederik Westbroek.

Spain

Spain extends FDI transitional regime for EU & EFTA investors until 2026 

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If you need more information or further guidance in this area, please contact Candela Sotés.

UK

High Court Draws the Line in First NSIA Judicial Review Proceedings

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If you need more information or further guidance in this area, please contact Peter Willis, Tenisha Cramer or Flora McCarthy.

Events and webinars

Webinar

EU Foreign Subsidies Regulation: Cutting-Edge Cases and Insights

13 March | 15:00 - 16:00 CET

Don't miss our upcoming webinar on the EU Foreign Subsidies Regulation (FSR). Speakers from Bird & Bird's Competition and Public Procurement law groups Morten Nissen, Janneke Kohlen, Dániel Arányi, Tialda Beetstra and Gábor Kutai will unpacknthe regulation's impacts on M&A and public tenders, examining case studies, and offering expert insights.

Aimed at in-house counsel and M&A and procurement specialists in companies as well as government entities worldwide, this webinar will help you understand how to successfully navigate the FSR landscape. We look forward to equipping you with the knowledge to tackle the EU FSR challenges.

Register for the free webinar

Conference

Informa CompLaw Nordic

25 - 26 March | Stockholm, Sweden

Join our Nordics competition partners Morten Nissen and Katia Duncker at the 'only truly panNordic competition law forum' where you will hear directly from all the Nordic and Baltic National Competition Authorities, the European Commission, leading in-house counsel and specialised advisors, to help you understand recent developments in competition law and shape your practical strategies.

At this event Morten will speak on the evolving concept of abuse of dominance with a focus on recent developments in the pharma sector.

Reach out to Katia and Morten if you are attending the conference, they look forward to connecting with you.

Register with a 20% discount here 

Bird & Bird news and publications

Metaverso. Mercato e Regole

Hot off the press: this book (in Italian) explores the concept of the Metaverse, a new technological frontier that can radically change our ways of communication, studying, working, and entertainment. It discusses its potential impacts across various sectors like gaming, shopping, education, and work, and how it will develop alongside technologies like augmented reality, AI, and blockchain, while also addressing the legal challenges it presents in terms of privacy, intellectual property, and competition.

Our Rome-based competition partner Federico Marini Balestra co-authored the chapter discussing antitrust in the context of the metaverse, together with the former Commissioner of the Italian Competition Authority and judge Gabriella Muscolo, and eminent law professor at La Sapienza University in Rome, Mario Libertini.

More information on the book here 

Advocating for an inclusive legal sector

On 30 January, the Brussels and The Hague offices of Bird & Bird celebrated the 6th anniversary of the Legal Diversity and Inclusion Alliance (LDIA) at an event in Brussels organised in collaboration with Stichting FORWARD, LDIA, and Live Your Story.

Bird & Bird partner Hein Hobbelen and Chris Noordam, CEO of Stichting FORWARD,moderated an inspiring panel discussion on the advancement of fundamental LGBTQIA+ human rights, a conversation sparked by the latest EU report on LGBTQIA+ Equality.

The aim of the event was to raise awareness of ongoing challenges and ignite action toward a truly inclusive legal sector and society.

Read more about the event here

Antitrust Writing Awards 2025 - vote for your favourite articles!

We are delighted to share that 3 of our articles have been shortlisted for the Antitrust Writing Awards!

No-poach agreements can comply with competition – when they are not ‘naked’: A quick guide to ancillary no-poach agreements by Anne Federle and Paula González Alarcón

Read the article here

When does the hiring of another company's staff require merger control approval? by Anne Federle and Aurélie de Amorin

Read the article here

The Future Governance of Sports & Competition Law by Dr. Saskia King, Jose Rivas, Paula González Alarcón and Quinn Liang

Read the article here

Organised by Concurrences and The George Washington University Law School's Competition Law Center, the prestigious Antitrust Writing Awards select the best antitrust writings published in the past year.

Don't forget to give your favourite article a vote!