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In Antitrust / Competition

Australia: Paving the way for a single mandatory suspensory merger control system

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On 10 April 2024, the Treasurer Dr Jim Chalmers MP announced a major change to Australia’s merger control regime with the introduction of a new single mandatory, suspensory merger control system. The Australian Competition and Consumer Commission (ACCC) will be the key decision maker and given stronger powers to examine transactions, including serial acquisitions and mergers by businesses with substantial market power. The notification thresholds remain a critical unknown piece and will be subject to further consultation.

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In Antitrust / Competition

United States: Antitrust authorities confirm their view that algorithmic price fixing is a per se antitrust violation

by , , , and 7 Mins Read

Both the Antitrust Division of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) have submitted a joint Statement of Interest in a third-party dispute currently active in the Federal District of New Jersey. The Statement clarifies the Agencies’ positions on price fixing through the use of algorithms. The third-party dispute involves a class action against casino hotels in the Atlantic City, New Jersey area.

In Antitrust / Competition

Indonesia: KPPU online merger filing portal introduces a new feature – dual nexus assessment

by , and 2 Mins Read

In the latest update of the Indonesian Competition Commission (Komisi Pengawas Persaingan Usaha, “KPPU”) online filing portal, a dual (double) nexus assessment Q&A is now required to be filled in by companies that submit a merger control notification. Although the KPPU has not issued any update to their merger filing guideline, this new questionnaire confirms how the KPPU assesses the dual nexus requirement for offshore transactions.

In Antitrust / Competition

Egypt: Initial practical insights on the new pre-merger control regime in Egypt

by , and 9 Mins Read

On 4 April 2024, the Executive Regulation of the new Egyptian pre-merger control regime was officially published by Prime Minister Decree No. 1120 of 2024. The ER introduces the implementing regulations for the newly established pre-merger control regime issued by the Law number 175 of 2022 which empowers the Egyptian Competition Authority with significant powers in reviewing and approving transactions. The ER states that it will enter into force on 1 June 2024, i.e. transactions that close on or after 1 June 2024, and meet the prescribed thresholds, must obtain prior approval from the ECA.

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In Antitrust / Competition

Colombia: The Superintendence of Companies invites companies to participate in sustainability practices

by , , and 3 Mins Read

In the last few days, the Superintendence of Companies ( “SoC”) has begun to invite various companies under its surveillance and control to participate, on a voluntary basis, in a diagnostic exercise on the implementation of sustainable practices. This is in accordance with Chapter XV of the Basic Legal Circular of the SoC: “Administrative Recommendations for the Submission of the Sustainability Report”.

In Antitrust / Competition

United States: California AG announces push for cartwright criminal prosecution

by , , and 5 Mins Read

On 6 March 2024, California Assistant Attorney General Paula Blizzard announced at the American Bar Association’s annual National Institute on White Collar Crime the state’s intentions to reinvigorate criminal enforcement of the Cartwright Act, California’s primary antitrust statute. California has not criminally prosecuted violations of the Cartwright Act in 25 years. Blizzard’s announcement comes shortly after California enacted legislation to codify restrictions against no-poach and non-compete clauses. All-in-all, state officials appear poised to follow in the Biden administration’s footsteps and increase antitrust enforcement. Companies should be on notice of certain states like California that are taking steps to strengthen antitrust enforcement and alleged agreements to fix prices, divide markets, and rig bids could soon lead to criminal penalties under either state or federal statutes.

In Antitrust / Competition

Australia: ACCC compliance and enforcement priorities in 2024/25

by , and 8 Mins Read

On 7 March 2024, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, announced the ACCC’s compliance and enforcement priorities for 2024/25 and the market studies and advocacy work that the ACCC would continue this year.
Ms. Cass-Gottlieb identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2024/25. Many of these areas continue from last year.

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In Corporate Compliance

Colombia: Renewal of the Sole Registry of Bidders

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All those persons registered in the Sole Registry of Bidders (Registro Único de Proponentes) (RUP for its acronym in Spanish) must update their registration no later than 5 April 2024, otherwise, the effects of the registration will cease and they will have to register again, providing all the necessary documentation, as if it were the first registration.

In Antitrust / Competition

Vietnam: Decree No. 23 sets new rules on bidding process for selection of investors in certain specialized sectoral projects

by and 2 Mins Read

The New Bidding Law took effect on 1 January 2024. To facilitate the implementation of this New Bidding Law, effective from 27 February 2024, the Government of Vietnam issued Decree No. 23/2024/ND-CP elaborating on the regulations of the New Bidding Law in terms of bidding for the selection of investors for projects that are subject to the bidding process under the regulations of specialized sectors.

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