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Vertical restraints: roundtable discussion and business survey

Resumé

The Competition and Markets Authority (CMA) commissioned Accent and Oxera to undertake a qualitative survey to explore businesses’ incentives to use vertical restraints and the impact of the internet on these incentives. Prior to the business survey the CMA organised a roundtable discussion with legal advisers, economic consultants and representatives of business organisations to discuss the same research questions.

Mødedato

Commitments in competition enforcement: CMA roundtable summary

Resumé

On 18 September 2015, the Competition and Markets Authority (CMA) organised a roundtable discussion on the opportunities and challenges of using commitments in competition enforcement. The roundtable was attended by practitioners from the competition community. This note provides a summary of the discussions.

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CMA
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Mødedato

ECN MODEL LENIENCY PROGRAMME

Resumé

In a system of parallel competences between the European Commission (hereinafter the Commission) and National Competition Authorities (hereinafter NCAs), an application for leniency1 to one authority is not to be considered as an application for leniency to another authority. It is therefore in the interest of the applicant to apply for leniency to all Competition Authorities (hereinafter CAs) which have competence to apply Article 101 of the Treaty on the Functioning of the European Union (hereinafter TFEU) in the territory which is affected by the infringement and which may be considered well placed to act against the infringement in question. The purpose of the ECN Model Leniency Programme (hereinafter the ECN Model Programme) is to ensure that potential leniency applicants are not discouraged from applying as a result of the discrepancies between the existing leniency programmes within the ECN. The ECN Model Programme therefore sets out the treatment which an applicant can anticipate in any ECN jurisdiction once alignment of all programmes has taken place. In addition, the ECN Model Programme aims to alleviate the burden associated with multiple filings in cases for which the Commission is particularly well placed by introducing a model for a uniform summary application system. The ECN Model Programme sets out a framework for rewarding the cooperation of undertakings which are party to agreements and practices falling within its scope. The ECN members commit to using their best efforts, within the limits of their competence, to align their respective programmes with the ECN Model Programme. The ECN Model Programme does not prevent a CA from adopting a more favourable approach towards applicants within its programme.

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ECN
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Rapport
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Best Practices on Cooperation between EU National Competition Authorities in Merger Review

Resumé

The national competition authorities of the EU who have responsibility for merger review (“NCAs”) operate in compliance with different national legal systems. They believe, however, that it is desirable to cooperate in the review of some mergers which meet the requirements for notification or investigation in more than one Member State (“multi-jurisdictional mergers”), and have therefore decided jointly to publish an agreed set of Best Practices on Co-operation in Merger Review. This document, which has been drawn up by the EU Merger Working Group, sets out the Best Practices which the NCAs, to the extent consistent with their respective laws and enforcement priorities, aim to follow when they review the same merger transaction. It also sets out the steps that merging parties and third parties are encouraged to take in order to facilitate cooperation between NCAs. Cooperation extending beyond the existing ECA Notice system is limited to NCAs who are reviewing the same merger transaction (“the NCAs concerned”). It is not intended that cooperation should provide a forum whereby NCAs not concerned will be involved in the review of a specific case. This document is intended to provide a non-binding reference for cooperation between NCAs. NCAs reserve their full discretion in the implementation of these Best Practices and nothing in this document is intended to create new rights or obligations which may fetter that discretion.

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ECN
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Principles on the application, by National Competition Authorities within the ECA, of Articles 4 (5) and 22 of the EC Merger Regulation

Resumé

These Principles were agreed on by the National Competition Authorities (NCAs) within the European Competition Authorities Association (“ECA”) in 2005 and relate to Articles 4(5) and 22 EC Merger Regulation ("ECMR") as set out in Council Regulation (EC) No 139/04 of 20 January 2004 on the control of concentrations between undertakings. They replace the version of 2002 and may be reviewed by the NCAs from time to time to reflect legislative developments (European or national) or decisional practice. The Principles should be read in conjunction with and as complementary to the EU Commission's Notice on Case Referrals in respect of concentrations (the EU Commission Notice) and the relevant parts of Commission Regulation (EC) No. 802/2004 implementing the ECMR including its annexes (Form CO, Short Form CO and Form RS).

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ECN
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Fusion
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Rapport