Competition Corner

Less than three weeks after the European Union’s (EU) Digital Markets Act (DMA) took effect on March 7, 2024, the European Commission announced on March 25, 2024 that it is opening investigations into Apple, Google, and Meta for suspected noncompliance with its new directives.

The European Commission recently announced new guidance on its leniency policy and practice in an effort to increase transparency and predictability and to make the leniency process more accessible to potential applicants. The new guidance, which comes in the form of updated Frequently Asked Questions (FAQs), clarifies certain concepts and current practices of the Commission with respect to leniency.

In a speech last week, EU competition commissioner Margaret Vestager announced that the European Commission is planning to conduct a series of dawn raids in the near future.

On June 17, 2020, the European Commission (the Commission) published a White Paper proposing new mechanisms (including three modules) for the Commission and Member State authorities to tighten control of foreign subsidised companies’ activities including in respect of acquisitions and bids for public contracts in the EU. While the proposal is open for public comments (before September 23, 2020) and broad discussions are expected before any concrete legislative moves, it’s worth noting that the Commission is considering far-reaching changes including additional scrutiny of acquirers receiving foreign subsidies in merger review.

In the face of the challenges brought by the COVID-19 pandemic, many businesses are questioning whether they are able to collaborate with competitors in ways that, under normal conditions, might risk violating prohibitions on anti-competitive behaviour.