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eBulletin
Antitrust & Competition

October 2020

Table of Contents

1. WLG Happenings ↓

2. Firm Legal Updates & News  ↓

3. Nonmember Sign Up  ↓

4. Group Leaders ↓

5. Submit Content ↓

South Africa: An End to Grocery Retail Giants’ Long-term Exclusivity Leases Hopes to Open Up Grocery Retail Market

In October 2020, the Competition Commission of South Africa concluded agreements with large grocery retail chains Pick ‘n Pay and Shoprite to end exclusive lease agreements at retail properties across the country. This follows from the findings and recommendations published by the Commission in November last year in its Grocery Retail Market Inquiry.

Malaysia: Decision Issued Against General Insurance Association of Malaysia and Its Members

In September 2020 the Malaysia Competition Commission issued a final decision against the General Insurance Association of Malaysia and its 22 members for alleged fixing of trade discounts on parts prices and hourly labour rates.

Indonesia: New KPPU Guidelines on Merger Control Rules

The October issue of Makarim & Taira S. discusses the key take aways of these new KPPU Guidelines, especially regarding the matters the introduction of which under KPPU Regulation 3/2019 was controversial. Learn more about it in this Advisory & contact us should you need further discussions.

Uruguay: Competition Law Reform Introduced a New Pre-merger Control Regime

Uruguayan Law No. 18.159 on the Promotion and Defense of Competition has been recently amended, introducing a new and unified pre-merger control regime of prior authorization for certain economic concentrations.

Argentina: Antitrust & Competition: An Updated Review of the Situation in Argentina

This article is intended to be an updated report of the Antitrust and Competition field in Argentina over the last months. The COVID-19 crisis is still a challenge for both the Antitrust Authority and competitors. We hereby propose an updated review of the situation in Argentina with respect to the latest news and measures taken by the Argentine government.

China: Signals VIE No Longer an Obstacle in Merger Filing

Earlier this year, the Chinese antitrust authority unconditionally cleared a joint venture between Yum China and Mininglamp involving VIE structure, the first of its kind and marks a milestone for future VIE filings. Based on our first-hand experience (incl. recent practices) and observations, we will discuss certain key issues arising in a merger filing involving a VIE structure and practical merger filing guidance for transactions involving VIE entities or their controllers.

Germany: Competition Law for the Digital Single Market

It is the goal of the European Union to realize the single market objective and to ensure the smooth functioning of the internal market. In the absence of specific provisions to that effect, there was a risk that the single market objective would not be fulfilled in respect of the digital economy. Therefore, the European Commission launched its Digital Single Market initiatives.

Philippines: Rules on Transaction Value Threshold for the Exemption from Compulsory Notification

SyCipLaw’s Competition and Anti-trust practice group has prepared a briefing on the implementation of Section 4(eee) of Bayanihan 2 on the transaction value threshold for the exemption from compulsory notification.

Finland: C&S Advises Merger of Cargotec and Konecranes

C&S act as advisor to Cargotec, a leading Finnish provider of cargo and load handling solutions, in a contemplated merger with Konecranes, a Finnish world-leading group of lifting equipment and solutions.

Vietnam: Competition Law on Merger Filing

On June 12, 2018, the National Assembly adopted the “Competition Law”. The Competition Law takes effect from July 1, 2019 and is guided in details by a March 24, 2020 Decree of the Government (“Decree 35”) which took effect from May 15, 2020. Significant issues regarding economic concentration under Vietnam competition framework are laid out below.

Singapore: CCCS Proposes Changes to its Guidelines: 4 Key Areas to Note

On September 10, 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its Public Consultation on Proposed Changes to Competition Guidelines, seeking feedback on its proposed amendments to six of the CCCS Guidelines.

Portugal: Competition Law and Policy 2nd Quarter 2020

Find the issue of our competition law and policy newsletter for the 2nd quarter of 2020, which compiles the most significant news in this area.

United States: DOJ Antitrust Division Issues New Manual on Merger Guidelines

The U.S. DOJ's Antitrust Division has revised its Merger Remedies Manual, revisiting select policies and revising its guidelines for remedying anticompetitive mergers. While the Manual generally follows the 2004 policy guidelines, merging companies should take note of certain key changes.

India: A National Competition Policy is Essential for Growth in a Free Market Economy

India badly needs a National Competition Policy. In this context, one needs to recapitulate whether India has utilized the full potential of growth envisaged after our historic shift from a “state-controlled” economy to a “free market” economy and if not why? Have we been able to introduce a culture of competition in our markets which leads to efficiencies and higher productivity and hence higher growth and is the most essential ingredient for success of free market economy structure? Let us look back.

Peru: New Merger Control Complementary Regulations

The Peruvian Government has issued a preliminary version of the Executive Regulation for the Peruvian Merger Control Legislation which will come into force next year on March 1, 2021.

United States: Further Guidance to Competitor Collaborations Related to COVID-19 Response

The U.S. Department of Justice Antitrust Division recently issued another expedited letter concerning permissible types of cooperation among competitors involved in business initiatives focused on the COVID-19 response.

Germany: Protection of Business Secrets in Court Proceedings for Antitrust Infringements

On July 22, 2020 the European Commission published its notice with guidance for national courts on how to protect business secrets in antitrust damages court proceedings: (1.) redacting of confidential information, (2.) confidentiality rings and (3.) appointment of experts.

United Kingdom: Merger Control: Greater Scope for Government Intervention

Recent revisions to the UK merger control are intended to increase the UK government's ability to intervene (and potentially block) certain transactions on public interest grounds. This update considers these revisions and their implications.

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