Focus Antitrust - 8 April 2020

In The News

ECJ confirms agreements can have both object and effect of restricting competition

The ECJ has issued a judgment confirming that an agreement can have both the object and effect of restricting competition for the purposes of Article 101. Click here.

CMA publishes update on Digital Markets Taskforce

The CMA has published an update on the Digital Markets Taskforce, indicating that, in light of the COVID-19 pandemic and the pressures it is placing on many key groups of stakeholders including businesses, the CMA has decided not to publish a formal consultation seeking views and evidence on different aspects of its work or proceed with plans for extensive stakeholder engagement at this time. Click here.

European Commission publishes guidance on allowing limited cooperation among businesses in response to urgent situations during the coronavirus outbreak

The European Commission has published a Temporary Framework Communication to provide competition law guidance to companies cooperating in response to urgent situations related to the coronavirus outbreak. Click here.

EU

Mergers

• The European Commission has approved the acquisition of the European catering business of LSG by Gategroup, subject to conditions. Click here.

UK

CMA

• The CMA is proposing to refer Kingspan’s anticipated purchase of Building Solutions for a detailed phase 2 merger investigation, unless the parties offer suitable undertakings in lieu of a reference. The CMA considers that the merger raises competition concerns in the supply of specialist insulation panels. Click here.
• The CMA has requested the European Commission to investigate the anticipated acquisition by Mastercard Incorporated of parts of the corporate services business of Nets A/S and the European Commission has announced that it has accepted the request. Click here. 
• The CMA is proposing to refer the completed merger between private hospital operators Circle and BMI for a detailed phase 2 merger investigation, unless the parties offer suitable undertakings in lieu of a reference. The CMA has found that the merger could reduce competition in two local areas. Click here.