Competition Law International (CLI)

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This article explores questions about the fine line between necessary coordination in sports and anti-competitive behaviour. The discussion is based upon the antitrust lawsuit filed by the Professional Tennis Players Association, led by Novak Djokovic, against the four major professional tennis organisations. The plaintiffs allege the existence of a cartel-like structure that restricts competition, limits players’ earnings and autonomy, and imposes abusive disciplinary measures. By analysing the unique characteristics of the sports market and drawing parallels with other antitrust disputes, the article highlights the complexities of applying traditional competition law principles to the world of professional tennis.

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This article examines the antitrust treatment of most-favored-nation (MFN) clauses in online travel platforms, focusing on Brazil’s prohibition of wide MFNs and contrasting it with certain US case law. The author explores theories of harm and potential efficiencies, highlighting the complexities of assessing MFNs in two-sided digital markets. Arguing against a blanket ban, the article advocates for a rule of reason approach grounded in evidence and economic analysis. Drawing from selected US precedent, it suggests that Brazilian authorities could adopt a more balanced framework that carefully weighs pro-competitive benefits against potential anti-competitive risks.

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The recent judgment of the Court of Justice of the European Union (CJEU) in the Android Auto case represents a development in EU competition law, in relation to the essential facilities doctrine (EFD). The dispute originated from Google’s denial of interoperability between its Android Auto interface and Enel X’s JuicePass application – a refusal sanctioned by the Italian Competition Authority (ICA) as an abuse of a dominant position under Article 102 TFEU. The indispensability test affirmed in the landmark Bronner decision, was reconsidered in Android Auto, where the CJEU opened the door to granting access to a dominant platform, which had been developed as an open model, if it makes a product more attractive to consumers. This article investigates the broader consequences of this doctrinal shift: the gradual weakening of the indispensability threshold in digital environments, the increasing regulatory burdens placed on dominant digital platforms, and the potential ramifications for innovation, investment incentives, and legal predictability.

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The article deals with the new guidelines on the quantification of fines, compliance programmes and the new communication on leniency programmes adopted by the Italian Antitrust Authority (AGCM) on 10 March 2025. The guidelines on fines establish transparent criteria for calculating penalties, with the aim of ensuring predictability and deterrence. Among the most significant changes are specific calculations for associations of undertakings and bid-rigging conducts, as well as a reduction in the percentage limits for the application of aggravating/mitigating circumstances. The guidelines on compliance programmes allow access to fine reductions only to companies that have adapted compliance programmes prior to an antitrust investigation, in order to encourage all companies to adopt a compliance programme. The notice on leniency programmes contains updates aimed at providing greater precision, harmonisation and clearer incentives for compliance and leniency.

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This article explores the recent developments in the Mexican antitrust regulatory framework with the upcoming abolishment of the current Mexican competition authorities, the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute (IFT, the regulator for the telecoms and broadcasting sectors), as a result of the constitutional reform regarding the so-called organic simplification reform that was published on 20 December 2024 (‘the Reform’). The authors briefly describe the history of Mexican competition law and review the Reform and the three initiatives to replace the Federal Economic Competition Law and create a new competition authority that have been published. In view of these initiatives and, more specifically, the third and last initiative which is expected to be enacted, the authors share their expectations as to how these changes may impact the enforcement of the Mexican competition regime.

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This article discusses the adequacy of powers of Mexican antitrust authorities to avoid and sanction barriers to competition. The author argues that under Mexican law, antitrust authorities have more discretionary powers to penalise barriers to competition than other wrongdoings such as vertical monopolistic practices and essential assets. In addition, this article describes how the authorities have enforced barriers to competition. The above will conclude that the discretion and the manner in which it has been interpreted might convert Mexican antitrust from a sanctionatory agency into a regulatory agency.

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This article provides one of the first English-language legal analyses of the draft Guidelines on Vertical and Horizontal Agreements issued by the Saudi General Authority for Competition (GAC). While grounded in the existing Competition Law and its Implementing Regulations, the draft Guidelines aim to clarify the application of key legal provisions and introduce a structured analytical framework for assessing vertical and horizontal agreements. The article distinguishes clearly between the binding legal obligations under the law and the interpretive role of the Guidelines. It also examines how the Guidelines adopt an effects-based approach to exemption analysis under Article 8 and align with international enforcement trends.

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This article outlines the recent reforms in Ukraine’s merger control regime, including key legislative changes introduced in 2024 under the first stage of antitrust reform. These updates – such as revised notification thresholds, streamlined rules for minority acquisitions, and clearer JV classifications – aim to reduce the regulatory burden for global transactions. The article also examines the quasi-FDI screening performed by the Antimonopoly Committee of Ukraine, wartime enforcement trends, and the growing alignment with EU standards. Finally, it offers insights into the second stage of reform and the implications for cross-border deals involving Ukrainian nexus.

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This article reviews a landmark ruling issued by the Uruguayan Administrative Litigation Court (TCA), which annulled a major penalty imposed on pharmaceutical company Roche International for allegedly abusing its dominant position through bundled sales to the leading public medications buyer FNR. The TCA found no anti-competitive conduct, highlighting FNR’s countervailing power and the legitimacy of these subscription-based ‘Netflix-style’ agreements. The ruling clarifies key concepts under Uruguayan competition legislation, including the legitimacy of certain business models and the limits of enforcement faculties of the national competition authority. The case sets a significant precedent for the pharmaceutical sector, public procurement and beyond.

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• Volume 20 Number 2, December 2024
• Volume 20 Number 1, July 2024
• Volume 19 Number 2, November 2023
• Volume 19 Number 1, June 2023
• Volume 18 Number 2, November 2022
• Volume 18 Number 1, June 2022
• Volume 17 Number 2, December 2021
• Volume 17 Number 1, June 2021
• Volume 16 Number 2, December 2020
• Volume 16 Number 1, October 2020
• Volume 15 Number 2, December 2019
• Volume 15 Number 1, May 2019