Archives: Other Antitrust and Competition

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The new EU FDI screening rules are now fully in force – what are the key features that you should know about?

The EU Foreign Direct Investment Screening Regulation introduces the first EU-wide foreign investment screening cooperation mechanism and enables the European Commission and Member States to comment on foreign investments that happen in other Member States. As these rules became fully applicable and operational from 11 October 2020, we pinpoint the key features of the EU’s … Continue Reading

Non-luxury brands can ban resale on third-party platforms

As the Amsterdam Court of Appeal recently confirmed in Action Sport v Nike (decision of 14 July 2020, ECLI:NL:GHAMS:2020:2004), the prohibition of sales on third-party platforms contained in selective distribution agreements of brand manufacturers in the EU can be in line with EU competition law irrespective of whether or not the relevant products are luxurious. The … Continue Reading

Price gouging during COVID-19: what’s happening in the APAC region?

As part of Reed Smith’s three -part global price gouging podcast series, this week our regulatory enforcement lawyers Dora Wang and Asha Sharma analyse the rules and regulations designed to tackle price gouging in the People’s Republic of China, and to deal with anti-competitive conduct in Hong Kong. In the episode, Dora and Asha also … Continue Reading

Regulatory aspects of investing in Germany – German legislator further extends foreign investment control regime

On 18 June 2020, the German Parliament agreed to further rules on tightening foreign investment control by adopting the First Act on the amendment to the Foreign Trade and Payment Act (Außenwirtschaftsgesetz – AWG). The first amendment to the AWG was published in the Federal Gazette on 16 July 2020 and entered into force on … Continue Reading

Towards a new definition of ‘relevant market’ in competition law?

The European Commission is contemplating changes to its 23-year-old Market Definition Notice. To this end, on 26 June 2020, the Commission launched a public consultation on the relevance of the Notice. Competition Commissioner Margrethe Vestager has said that the purpose of the consultation is to “adapt the Notice in the era of trade globalization and … Continue Reading

The EC’s White Paper on Foreign Subsidies and what it means for M&A deals and foreign subsidised companies operating in the EU

In our recent client alert, we take a look at the European Commission’s proposed new toolbox to intervene where foreign subsidies could potentially distort the EU single market. We consider the implications of such new measures, and also highlight the significant impact the powers could have on M&A transactions in the EU.… Continue Reading

Foreign investment: the UK’s approach

As the UK takes steps to introduce new foreign direct investment (FDI) rules, it is important for investors from outside the UK or EU to consider these new rules at the outset of transactions in particular sectors. We discuss this latest move and consider what impact the new measures may have, in our latest client … Continue Reading

EU Commission seeks to add new tools to tackle digital markets

On 2 June 2020, the European Commission published an inception impact assessment regarding possible new tools to tackle structural competition issues arising on digital and non-digital markets. The Commission also published a separate inception impact assessment and open public consultation, requesting stakeholder contributions on how to address issues with large platforms acting as ‘gatekeepers’ to … Continue Reading

German lawmakers adopt temporary amendments to the German Competition Act to mitigate consequences of the COVID-19 pandemic in competition law

On 14 May 2020, the German Parliament adopted temporary amendments to the Act against Restraints of Competition (ARC) to mitigate consequences resulting from COVID-19 in the field of competition law. See BT-Drucksache 19/18963. In order to enable the Federal Cartel Office (FCO) to continue investigating mergers and their impact on the market concerned under the … Continue Reading

1-800 Contacts Sets Sights on Reversal of Judgement in Anticompetitive Advertising Case

On March 5, 2020, contact lens distributor 1-800 Contacts presented arguments to the U.S. Court of Appeals for the Second Circuit appealing to overturn judgment for alleged antitrust violations relating to agreements with competitors on advertising keywords.  Reed Smith attorneys have been following this case closely for years and have provided insights on its developments. … Continue Reading
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