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Competition & Antitrust

09 April 2020
Catharina Richter Cartel damage claims: Federal Court of Justice corrects understanding of 'affected' goods

Germany - Fieldfisher (Germany) LLP

A recent Federal Court of Justice decision clarifies open questions relating to cartel damages and simplifies the presentation of claims by plaintiffs, as it will no longer be necessary to present and prove that a cartel agreement had an actual impact on an acquisition transaction under the requirements of Section 286 of the Code of Civil Procedure. It is to be expected that the number of cartel damage actions pending before the German courts will continue to increase.

Author: Catharina Richter
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Ayal HaCohen ICA addresses application of Economic Competition Law during COVID-19 crisis

Israel - Tadmor Levy & Co

The Israeli Competition Authority recently published several clarifications regarding the application of the Economic Competition Law 5748-1988 in light of the COVID-19 pandemic. The clarifications refer to three main issues – namely, collaboration arrangements between competitors, gun-jumping rules in merger cases and postponement of reports required under the Law for the Advancement of Competition in the Food Sector 2014.

Authors: Ayal HaCohen, Roi Krause
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Gönenç Gürkaynak COVID-19: TCA announces zero-tolerance policy towards excessive price increases

Turkey - ELIG Gurkaynak Attorneys-at-Law

The Turkish Competition Authority (TCA) recently issued a series of public announcements emphasising that it has observed excessive price increases in the food sector – particularly for fresh fruit and vegetables – during the COVID-19 pandemic. Further, to protect consumers, the TCA has stressed that it will continue to monitor these price increases and the market players that have contributed thereto.

Authors: Gönenç Gürkaynak, Öznur İnanılır, Esen Ergül
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Amanda Wait Antitrust agencies respond to COVID-19 challenges in merger reviews

USA - Norton Rose Fulbright LLP

As the United States reacts and adjusts to the developing COVID-19 situation, the two federal antitrust agencies – the Federal Trade Commission and the Department of Justice Antitrust Division – have revised certain rules and procedures relating to their civil merger investigation processes to address these new challenges. Although both agencies have shifted most of their personnel to remote working arrangements, agency staff have demonstrated a willingness to be reasonable and accommodating.

Authors: Amanda Wait, Abraham Chang
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Recent updates

Adam Bell COVID-19 Weekly Report (30 March-5 April 2020)

International - International Law Office

Author: Adam Bell
Gerald A Stein Collaboration and catastrophe: antitrust laws in face of COVID-19

USA - Norton Rose Fulbright LLP

Authors: Gerald A Stein, Eliot Turner, Molly Billings, M Miles Robinson
Lucía Ojeda Cárdenas Competition considerations between entities of same corporate group during bidding process

Mexico - SAI Law & Economics

Authors: Lucía Ojeda Cárdenas, Mariana Carrion
Martin André Dittmer DCCA enforcement: merger control suspended

Denmark - Gorrissen Federspiel

Authors: Martin André Dittmer, Thomas Skou
Kate McKenna CCPC consults on proposed guidelines for simplified merger notification procedure

Ireland - Matheson

Author: Kate McKenna
Anna Turi Increased fines – HCA targets telecom companies

Hungary - Schoenherr

Authors: Anna Turi, Márk Kovács
Eva Škufca CPA examines multi-apartment building management market

Slovenia - Schoenherr

Authors: Eva Škufca, Urša Picelj
Dieter Hauck Family business and group privilege

Austria - Preslmayr Attorneys at Law

Author: Dieter Hauck