Antitrust / Competition Archives

In Antitrust / Competition

Mexico: COFECE initiates a competition analysis into the digital financial services market

July 18, 2022 by Raymundo E. Enríquez, Luis Francisco (Luis) Amado Cordova, Alina De la Luz and Natalie Flores 2 Mins Read

On 22 June 2022, the Commissioners of the Federal Economic Competition Commission (COFECE) approved conducting a research study on competition in the digital financial services market. The Market Study’s purpose is to analyze the structure, operation and regulatory framework of the digital financial services sector in Mexico.
The digital financial services considered in the study include electronic payment and crowdfunding services, those offered by Financial Technology Institutions, also known as Fintech, which are regulated by the Law to Regulate Financial Technology Institutions.
According to COFECE, the Market Study is important because the financial services sector contributes a significant percentage of the country’s Gross Domestic Product, and digital financial services can also influence the financial options available to users and facilitates credit access to small and medium-sized companies.

In Antitrust / Competition

Italy: The changes provided by the Competition Bill 2021 on the production of blood-derived drugs

July 16, 2022 by Roberto Cursano and Riccardo Ovidi 2 Mins Read

The bill on the “Annual Market and Competition 2021”, approved by the senate on 30 May 2022 and currently under examination by the Chamber of Deputies, provides for the amendment of Article 15 of Law No. 219/2005, governing the Italian transfusion system and the production of blood-derived medicines.

In Antitrust / Competition

Global Merger Analysis Platform (GMAP)

July 13, 2022 by Fiona Carlin, Gavin Bushell, Luis A. Gomez, Stephen Crosswell, Junya Ae, Georgina Foster, Ken Chia, Andre Gan, Mark Hamer, Brian F. Burke, María Carolina Pardo Cuéllar and Paulo Casagrande 1 Min Read

Our team of over 300 antitrust experts around the world have collaborated to produce a truly innovative Global Merger Analysis Platform (GMAP). GMAP answers 90 detailed questions on merger control law in 120 jurisdictions. It is updated in real time, offering more depth and more legal certainty than existing products in the market.

In Antitrust / Competition

Webinar on 21 July 2022: Insights into China’s Landmark Anti-Monopoly Law Reforms

July 8, 2022 by Stephen Crosswell, Laura Liu and Tom Jenkins 2 Mins Read

On 24 June 2022, China’s National People’s Congress approved far reaching amendments to China’s Anti-Monopoly Law which will become effective from 1 August 2022 (“AML Amendments”).
Alongside the AML Amendments, China’s competition regulator has published revised draft guidelines on a wide range of topics for public consultation. This reform package will have significant consequences for the future of merger control and antitrust enforcement in China.
Baker McKenzie is delighted to invite you to join us on 21 July 2022 for a webinar via Zoom, where our Baker McKenzie antitrust and competition specialists in Beijing and Hong Kong will provide you with a concise briefing on key considerations with respect to these reforms and practical implications for your business.

In Antitrust / Competition

Switzerland: Price disclosures in consumer transactions

July 7, 2022 by Tiziana Hongler 4 Mins Read

On 25 May 2022, the Federal Council passed an amendment to the Price Disclosure Ordinance. The purpose of the amendment is to ensure clarity and comparability of prices and to prevent the use of misleading prices. This latest amendment was precipitated by federal court ruling 4A_235/2020, which caused uncertainty on the question of the timing of price disclosure in online trade.

In Antitrust / Competition

Switzerland: Lex Booking – Switzerland further restricts the contractual freedom of online booking platforms

July 2, 2022 by Dr. Fabienne Bretscher 4 Mins Read

It is well known that online booking platforms often contractually restrict the freedom of accommodation providers to set their own prices for the accommodation offered (so-called “price-fixing clauses”). A newly adopted amendment to the Swiss Act against Unfair Competition (UCA) now limits these as well as other practices of online booking platforms

In Antitrust / Competition

Global: TMT Looking Ahead 2022

July 1, 2022 by Zhenyu Ruan, Janet MacKenzie, Jennifer Trock, Ken Chia, Mackenzie Martin, Manh Hung Tran, Michael Kunstler, Stephen Crosswell, Stephen E. Reynolds, Steve Holmes and Yuriria Mascott 3 Mins Read

5G is helping to drive important business opportunities with its high-speed connections, ultra-low latency, and ability to transmit huge volumes of data and enable simultaneous connections with multiple devices. As businesses seek to leverage 5G technology, find out sazwwhat blind spots exist and how connected solutions can help.

In Antitrust / Competition

Hong Kong: Navigating Competition Investigations – Knowing Your Legal Rights and Protecting Your Business (Webinar Invitation – 7 July 2022)

July 1, 2022 by Stephen Crosswell 2 Mins Read

In 2008, Hong Kong’s Court of Final Appeal issued a landmark judgment in Koon Wing Yee v Insider Dealing Tribunal deciding that if a regulator is seeking a financial penalty, the individual or company being investigated is, for human rights purposes, facing a criminal charge and entitled to fundamental Bill of Rights protections.

Hong Kong’s competition law was being drafted at the time. The enforcement framework and law were fundamentally rewritten because of Koon. The Administration said that appropriate criminal safeguards, including fair trial, protection against self-incrimination and standard of proof beyond reasonable doubt, must be in place both during investigation and trial to meet the requirements of the Hong Kong Bill of Rights. In 2019, in the first case to come to trial, Hong Kong’s Competition Tribunal agreed.

In Export Controls

Ukraine: Ukrainian laws in wartime

June 20, 2022 by Serhiy Chorny and Serhiy Piontkovsky 2 Mins Read

On 24 February 2022, the Russian Federation launched a full-scale military invasion of Ukraine. The martial law is in effect in Ukraine since then. As a result, special legislation has been adopted in various areas, including that directly affecting business activity. Baker McKenzie lawyers are pleased to present the fourth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.

In Antitrust / Competition

United Kingdom: Takeover Panel consultation on “acting in concert” definition

June 8, 2022 by Robert E. Adam, Helen Bradley, Nick Bryans, Adam Eastell, James Thompson and Melanie Howard 9 Mins Read

The Takeover Panel has published a consultation paper (PCP 2022/2) setting out proposed changes to the definition of “acting on concert” in the Code. The changes, which are highly complex and technical in nature, are in part a codification of existing Panel practice. There are, however, are some important adjustments that, given the potentially significant consequences of being considered to be “acting in concert” (e.g. setting a floor price for an offer and/or triggering a mandatory bid obligation), it will be important for offer participants and their advisers to familiarise themselves with.