Tag results for 'Competition Law'
Competition Law International - June 2026
Released on Jul 23, 2026
Review of the Turkish Competition Authority’s Guidelines on Enforcement in Labour Markets in an international context
Antitrust authorities worldwide are increasingly scrutinising anti-competitive labour practices. The Turkish Competition Authority issued Guidelines on Competition Infringement in Labour Markets on 3 December 2024, detailing its enforcement policies on issues such as no-poaching and wage-fixing agreements, information exchanges and ancillary restraints. While the Guidelines are among the most comprehensive globally, they fall short in explaining the underlying economic mechanisms and offering practical guidance on critical areas. They lack detailed exploration of collective bargaining agreements, the interplay between no-poaching assessments and broader ancillary restraints and include ambiguities in practical implementation of ancillary restraint and information exchange criteria. This article examines the Guidelines alongside relevant reasoned decisions of the Turkish Competition Board, contrasting them with selected international approaches.
Released on Jul 23, 2026
Enforcing competition law in North Macedonia – evolving framework and practice for fair markets and consumer protection
This article explores the evolution of antitrust enforcement in North Macedonia, tracing its journey from a state-dominated economy to a market-oriented system driven by EU integration ambitions. It provides a comprehensive overview of the historical arc of enforcement activity, moving from proactive early interventions against monopolies, through a decade of relative inactivity, to a reinvigorated practice that has defined 2025 as a ‘record year’ for the Competition Commission. The authors examine how the authority has matured into a more refined enforcement body, now armed with what can be described as a ‘Swiss army knife’ of investigative powers. This includes the more aggressive use of dawn raids and the active promotion of leniency programs to uncover high-profile cartels in crucial sectors like insurance and retail. The article also addresses the authority’s expanded mandate under the 2024 Law on Prohibiting Unfair Trade Practices, a critical tool designed to protect the agricultural and food supply chain from exploitative conduct. Ultimately, these developments offer a clear picture of an authority that is now better placed than ever to ensure fair market play and safeguard consumer welfare in an increasingly maturing economy.
Released on Jul 23, 2026
The concept of ‘fairness’ in the EU and Japanese Regulation on Digital Platforms: through the lens of the Apple Music streaming decision (Case AT.40437) and Japan’s 2025 Smartphone Act
This article examines the European Commission’s landmark decision in Case AT.40437 (Apple – App Store Practices), in which Apple was fined over €1.8bn for abusing its dominant position through the imposition of anti-steering provisions on music streaming app developers. The decision represents a significant development in the application of Article 102(a) TFEU as an exploitative abuse, finding that Apple’s conduct constituted unfair trading conditions detrimental to consumer interests. This article analyses the Commission’s approach to market definition, dominance assessment and the legal test for exploitative abuse in the context of digital platform markets. Through a comparative lens, it further examines how the concept of ‘fairness’ is operationalised in EU competition law and Japan’s newly enacted Smartphone Software Competition Promotion Act.
Released on Jul 23, 2026
Antitrust law and the labour market: the first Italian proceedings for a secret cartel between employers
This article analyses the first Italian proceeding on no-poach agreements, initiated on 22 December 2025 by the Italian Competition Authority (AGCM or the ‘Authority’), Case I881, concerning an alleged agreement for the reciprocal non-hiring of employees between companies operating in the Emilia-Romagna packaging valley. The Authority hypothesises that this agreement constitutes a restriction of competition in the labour supply market, expressly recognising the competitive importance of the labour market. The article places the case in the broader context of the evolution of European enforcement, examining it in light of the recent decision of the European Commission in Case AT.40795 – Food Delivery Services, which qualified mutual non-solicitation agreements as restrictions by object.
Released on Jul 23, 2026
A new era of administrative competition law enforcement in Ireland
Ireland has undergone a significant shift in how it enforces its competition laws. Historically, Ireland was almost unique in Europe for relying on criminal prosecution to punish cartel conduct. This stood in contrast to the administrative enforcement model used by the EU and most EU Member States, where competition authorities themselves impose fines on companies. The enactment of the Competition (Amendment) Act 2022, transposing the ECN+ Directive (EU) 2019/1, fundamentally transformed this landscape by empowering the Competition and Consumer Protection Commission (CCPC) to impose administrative financial sanctions of up to €10m or ten per cent of worldwide turnover on undertakings, applying the civil standard of proof. This article examines Ireland’s new administrative enforcement regime in its historical context, discussing the limitations of the former regime, the key features of the 2022 reform – including the roles of Adjudication Officers, the requirement for High Court confirmation of decisions and the operation of dual leniency programmes – and the practical implications for competition law enforcement in Ireland.
Released on Jul 23, 2026
Harmonising enforcement: fine reductions and procedural challenges in multi-agency leniency agreements for bid-rigging cartels in Brazil
This article examines the evolving coordination between Brazil’s competition and anti-corruption authorities in the enforcement of bid-rigging cartels. It analyses the interaction between CADE’s antitrust leniency framework and the CGU/AGU anti-corruption regime, with particular focus on Interministerial Normative Ordinance No 1/2025. The article discusses procedural synchronisation, confidentiality, compliance programmes and the reduction of fines in multi-agency leniency negotiations. It also explores unresolved challenges involving settlement agreements, cumulative sanctions and proportionality. The article argues that increased institutional cooperation may transform Brazil’s dual enforcement model into a more predictable and coherent system for cartel enforcement and corporate cooperation.
Released on Jul 23, 2026
Antitrust developments in Mexico – interview with Andrea Marván, Chair Commissioner of the National Antitrust Commission
Released on Jul 23, 2026
Editor’s note - Competition Law International - June 2026
Released on Jul 22, 2026
Competition Law International - December 2025
Released on Dec 18, 2025
The cybernetic future of competition law: information exchange, entropy and artificial intelligence
This article argues that advances in AI will require a fundamental shift in how competition law, particularly Article 101 TFEU, conceptualises information exchange. Drawing on cybernetics and information theory, it reframes ‘agreements’ as measurable exchanges of mutual information between systems. As AI-driven markets become black boxes, intuitions about what it means to ‘agree’ will no longer apply. Enforcement will depend on statistical analysis of machine data flows. Shannon’s concept of information as entropy will be key to how authorities develop the technology needed to detect information exchange and apply the so-called ‘Bob Test’ in a fully algorithmic marketplace.
Released on Dec 18, 2025
From tacit collusion to algorithmic coordination: a comparative view of EU and Turkish competition law
The digitalisation of markets and the rise of algorithmic pricing tools have introduced new challenges for competition law, particularly in assessing when parallel conduct may amount to technologically facilitated coordination. This article examines how EU and Turkish competition authorities have adapted their analytical and enforcement approaches to address algorithmic interactions capable of producing coordinated outcomes without explicit communication. By drawing on case law, policy papers and enforcement priorities, it demonstrates a growing recognition that algorithmic tools and automated market responses require more nuanced frameworks to preserve effective competition in digitalised markets.
Released on Dec 18, 2025
Competition damages actions in Portugal: learning to live with public enforcement (and labour markets)
Portugal has undergone a profound shift in competition enforcement in recent years, marked by more assertive public enforcement, most notably in the context of labour markets. In parallel, the emergence of class actions seeking large damages – driven by a permissive procedural regime – has placed new pressures on public enforcement, particularly leniency. While such claims risk undermining incentives to self-report, labour market cases appear less exposed to follow-on litigation, which likely explains why Portugal’s leniency regime is not as dormant as elsewhere. This article assesses these developments and considers how public and private enforcement could be better aligned going forward.
Released on Dec 18, 2025
Compensation for damages in respect of agreements restricting competition: the quest for legal certainty and effective protection after the Nissan case
This article examines the state of the art of damages actions following the Court of Justice of the European Union’s (CJEU’s) judgment in Case C-21/24 CP v Nissan (‘Nissan’), which set a new precedent as regards to determining the starting point of the limitation period for damages actions based on antitrust infringement decisions of national authorities that have not yet become final. Although the judgment in Nissan offers greater protection to injured parties and increases certainty when exercising the right to compensation, the real effectiveness of damages actions will also depend on the ability of national legal systems to remove other procedural obstacles, to harmonise national regimes, to make costly litigation sustainable and to coordinate the interaction between public and private enforcement.
Released on Dec 18, 2025
Reading algorithms: foreseeability as a tool for competition analysis
In this article, the authors propose a foreseeability-based framework for analysing algorithmic collusion under Indian competition law. As pricing and optimisation algorithms increasingly learn from and respond to one another, alignment may arise without human communication, challenging traditional tests for inferring anticompetitive agreements under Section 3 of the Indian Competition Act. The authors argue that liability should hinge on whether firms could reasonably anticipate alignment based on system design choices. By shifting the evidentiary focus from intent to the predictable behaviour of technical systems, this article offers a method for determining when algorithmic coordination should be considered anticompetitive.
Released on Dec 18, 2025
FRAND app stores
In this article, the authors propose some guiding principles to determine FRAND compliant app store fees. The authors argue that FRAND app store fees should reflect the incremental value of the services they offer, not the value of access to the market itself. They should also account for the value provided to app stores by hosting apps, reflecting the two-way exchange. Finally, they should not reflect the value of network effects, which is the source of market power for the gatekeepers. Such a price ensures that the gatekeeper and app developer are both fairly rewarded for the value of their services and is the most direct way to ensure both fairness and contestability in app distribution.
Released on Dec 18, 2025
Shifting tides of China’s merger control regime: the role of national and industrial policy in merger reviews and remedy design
China’s merger control regime is undergoing significant transformation, with the State Administration for Market Regulation (SAMR) increasingly aligning enforcement with national and industrial policy objectives. Recent reforms have streamlined procedures, while proactive reviews, tailored remedies and heightened scrutiny of strategic sectors, are creating challenges and opportunities deal parties and industry players. Through case studies and global comparisons, this article examines how China’s approach is evolving, offering commentary for dealmakers and policymakers navigating the country’s competition law framework.
Released on Dec 18, 2025
The Brazilian Competition Authority (CADE) investigates the Soy Moratorium, testing the boundaries between sustainability agreements and antitrust concerns
This article examines the investigation launched by the Brazilian Competition Authority (CADE) into the Soy Moratorium, a multi-stakeholder agreement aimed at curbing deforestation. The investigation is a key development in Brazil’s treatment of sustainability agreements under competition law. The case stems from allegations that the Moratorium operates as a coordinated refusal to purchase soy from non-compliant producers. CADE’s preliminary view characterised the arrangement as a potential buyer cartel, prompting sweeping preventive measures later partially suspended by Brazilian courts. This article compares Brazil’s approach with emerging international guidance, underscoring regulatory uncertainty and the need for clearer CADE standards on environmental cooperation.
Released on Dec 18, 2025
Opening Remarks by Executive Vice-President Teresa Ribera at the 29th Annual Competition Conference
Released on Dec 18, 2025
The Michael Reynolds Interview: Olivier Guersent, former Director General, European Commissioner DG COMP
Released on Dec 18, 2025
Editor’s note - Competition Law International - December 2025
Released on Dec 18, 2025
Roche International: a leading case in Uruguay in relation to ‘Netflix-style’ agreements in the pharmaceutical industry
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.
Released on Aug 15, 2025
Merger control in Ukraine: positive developments for global deals despite wartime challenges
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.
Released on Aug 15, 2025
Saudi Arabia’s draft guidelines on vertical and horizontal agreements: aligning competition law with international standards
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.
Released on Aug 15, 2025
Barriers to competition under Mexican antitrust law
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.
Released on Aug 14, 2025
Constitutional developments in Mexico – effects on the antitrust landscape
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.
Released on Aug 14, 2025
The Italian Antitrust Authority’s new guidelines on fine quantification criteria, antitrust compliance programmes and the leniency programme
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.
Released on Aug 14, 2025
Editor’s note - Competition Law International - June 2025
Released on Aug 13, 2025
Android Auto: now that Bronner is dead, might innovation follow suit?
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.
Released on Aug 13, 2025
Most-favoured-nation clauses: the Brazilian hotels case analysed from the US law perspective
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.
Released on Aug 13, 2025