Cartels

National courts upheld the approach by two national competition authorities towards indirect information exchange, lowering the standard of proof for collusion by competitors when receiving competitively sensitive information from a buyer (or supplier).

The ECJ overruled the General Court in its CK Telecoms ruling, taking the strict requirements that the GC placed on the Commission when reviewing mergers off the table. This will make it easier for competition authorities to intervene in merger cases.

On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.

In the first hybrid cartel proceedings by the Belgian Competition Authority, the Prosecutor recently submitted a draft decision to condemn and impose a fine on pharmaceutical wholesaler CERP SA for allegedly participating in anticompetitive practices.

Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors.

A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States.

Floris ten Have and Kaj Privé contributed to Getting the Deal Through – Cartel Regulation 2021. In their publication, Floris and Kaj discuss important issues that apply to cartel regulation in the Netherlands.