On 16 March 2023, the Court of Justice of the European Union (“ECJ”) published its judgment on Towercast’s appeal against the French Competition Authority’s decision in Towercast’s case (Case No. C-449/21), confirming that abuse of dominance rules may equally apply ex post to transactions in which national and EU merger control thresholds were not met.
The Foreign Subsidies Regulation Insight Series
Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market (the "FSR") will become applicable this year on 12 July and 12 October (for M&A notifications) respectively.
2023 Amendments to the Company Law in Republika Srpska
The Parliament of Republika Srpska adopted the amendments of the Company Law of Republika Srpska which entered into force on 2 March 2023. This is the sixth time that the Company Law has undergone changes since it was enacted, whereas the recent amendments brought significant novelties, rather than cosmetic ones.
Serbian Competition Authority Initiates New Antitrust Investigation – Potential Bid Rigging
The Commission for Protection of Competition of Serbia (the “Commission”) announced on 3 May 2023 that it initiated an antitrust investigation against the companies KTG Solucije d.o.o. Subotica and Eco Sense d.o.o. Subotica due to alleged restrictive agreement – colluding in public procurement procedures (bid rigging).
Amendments to a Contract With a Contracting Authority May Constitute State Aid
The regulations allow, and even mandate, a consequential amending of a public contract in certain cases. However, they do not prejudge whether such an amendment is state aid.
Abuse of Dominance in Focus – New EU Guidelines Announced
The European Commission launched a Call for Evidence, which entails asking for feedback from the business community and the general public on adopting new Guidelines on exclusionary abuses of dominance.
TOP 10 Commercial Law Cases Of 2022
The commercial law team at Eversheds Sutherland in the Czech Republic has selected the TOP 10 case law decisions of 2022.