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The European Commission has issued its first fine in a no-poach case in the labor market, and its first sanction of the anti-competitive use of a minority share in a competing business. With the fine of EUR 329 million, the Commission joins the ranks of a number of high-profile antitrust enforcers worldwide that have targeted HR-related infringements. The Commission’s first intervention is also likely to encourage other EU regulators to follow suit and is an important reminder of the need to carefully manage antitrust risk (specifically information flows) where a company holds a minority shareholding in a competitor.

On 10 September 2018, the Philippine Competition Commission (“PCC”) issued its Guidelines on Notification of Joint Ventures (“JV Guidelines”) to aid parties in assessing whether a proposed M&A transaction would be considered a joint venture (“JV”) that is subject to mandatory notification under the Philippine Competition Act (“PCA”), and in…

The first Post Danmark case in 2012 brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be replaced by a predation type test.