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competitionlaw

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EU Commission Publishes Findings on EU Competition Enforcement Framework Antitrust, Competition and Trade

EU Commission Publishes Findings on EU Competition Enforcement Framework

On 5 September 2024, the European Commission published a “Staff Working Document”  summarising the findings of the evaluation of two EU Regulations, Regulation 1/2003 and Regulation 773/2004, which concern the enforcement of EU competition law. These Regulations, which entered into force 20 years ago, lay out the procedural framework for the implementation of EU competition rules laid down in Articles 101 and Article 102 of the Treaty on the Functioning of the EU (“TFEU”). The evaluation exercise by the Commission has concluded that, in general, these Regulations have achieved their objective for effective, efficient and uniform application of EU competition law.  It has also noted that…
Mamo TCV Advocates
18th September 2024
European Parliament, Strasbourg
Draft Guidelines on Abusive Exclusionary Conduct Antitrust, Competition and Trade

Draft Guidelines on Abusive Exclusionary Conduct

In August 2024 the European Commission published draft guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) to abusive exclusionary conduct by dominant undertakings. Rather than the current guidance on enforcement priorities, this document has taken the shape of guidelines proper, similar to those found in respect of Article 101 TFEU. The intention is therefore that undertakings, legal counsel and competition authorities follow the doctrine laid out in the eventual guidelines when applying Article 102 TFEU to conduct by dominant undertakings that may be exclusionary in nature. Although the draft cites…
Annalies Muscat
12th September 2024
Group of People at Conference
Mamo TCV Advocates to Attend “Dawn Raids in Practice” in Malta Antitrust, Competition and TradeNews

Mamo TCV Advocates to Attend “Dawn Raids in Practice” in Malta

Dr Annalies Muscat and Dr Laura Spiteri, both senior associates within the Antitrust, Competition and Trade department at Mamo TCV Advocates, will be attending the ERA conference “Dawn Raids in Practice” being held in Valletta, Malta between 26 and 27 September 2024. Get in touch with Annalies or Laura to connect or schedule a meeting.
Mamo TCV Advocates
10th September 2024
Google Shopping: The Saga Continues Antitrust, Competition and Trade

Google Shopping: The Saga Continues

Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021. The General Court only accepted part of Google and Alphabet’s argument, namely that there was no negative anti-competitive effect on the market for general search services. Google and Alphabet further appealed the General Court’s judgment to the Court of…
Annalies Muscat
12th January 2024
New Horizontal Block Exemptions and Guidelines Adopted Antitrust, Competition and Trade

New Horizontal Block Exemptions and Guidelines Adopted

The European Commission has adopted revised Horizontal Block Exemption Regulations on research and development agreements and specialisation agreements, as well as revised Horizontal Guidelines. This follows a thorough review of the existent rules. The aim is to provide businesses, as well as their advisors, with clearer and updated guidance in order to assist with the self-assessment of horizontal agreements – that is agreements with competitors – with the competition rules. The Block Exemptions will enter into force on 1 July 2023. The revised Guidelines notably contain reference to recent case law as well as take into account current business and…
Annalies Muscat
12th July 2023
On 18 April 2023, the European Commission confirmed that it has started unannounced inspections at various companies in the fashion sector across Europe.
European Commission Raids Fashion Companies Across Europe Antitrust, Competition and Trade

European Commission Raids Fashion Companies Across Europe

The European Commission has confirmed that it has started dawn raids at the premises of companies operating in the fashion industry in several Member States. Officers from national competition authorities accompanied Commission officials at these inspections. The Commission has also sent out formal requests for information to such companies. The Commission clarified that it is concerned that these companies are in breach of Article 101 of the Treaty on the Functioning of the European Union, which prohibits cartels and other restrictive arrangements, however no further details were forthcoming from the Commission at this stage. Unannounced inspections – or “dawn raids”…
Annalies Muscat
3rd May 2023