Merger Control

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Recent Articles

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    31/05/2024
    Europe

    Violation of EU competition law: Commission fines Mondelez EUR 337.5m for cross-border trade restrictions

    On 23 May 2024, the European Commission imposed an alarmingly high fine of EUR 337.5 million on the US company Mondelez, one of the world's largest producers of chocolate and biscuit products. The accusations: cross-border trade restrictions between member states of the EU by engaging in anticompetitive agreements or concerted practices and by abusing its dominant position regarding chocolate biscuit products.The European Commission issued a statement with this decision that it will protect the free movement of goods in the EU single market. With this decision, the Commission sent a clear signal...
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    30/05/2024
    Ukraine

    Military transactions to be exempt from merger control during state of war in Ukraine

    On 16 May 2024, the Law of Ukraine “On Amendments to the Customs Code of Ukraine and other Laws of Ukraine regarding the Peculiarities of Customs Control and Customs Clearance of Certain Categories of Goods” came into force after being passed by parliament on 20 March 2024.In addition to introducing amendments to the Customs Code of Ukraine on customs control and customs clearance of biomethane transported by pipeline, the law amends the Law of Ukraine "On Protection of Economic Competition", which provides merger control exemption for transactions taking place outside Ukraine to develop...
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  •  
    03/04/2024
    Ukraine

    Register of Damage for Ukraine is open for claims submission

    On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...
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  •  
    08/11/2023
    United Kingdom

    CMA goes green with guidance supporting collaboration between businesses on sustainability issues

    With ESG firmly on the corporate agenda, recent guidance from the CMA is intended to give businesses confidence to collaborate across industries and sectors to support sustainability objectives without infringing competition law prohibitions on anti-competitive agreements. Published last month, the guidance (here) forms a key part of the CMA’s commitment to promoting sustainability and helping accelerate the transition to a net zero economy in the UK.Agreements addressed by the GuidanceThe Guidance addresses two forms of agreement:Agreements relating to environmental sustainability between...
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  •  
    07/11/2023
    Germany

    New German competition law gives Federal Cartel Office more power to intervene in markets

    On 7 November 2023, the 11th amendment to the German Act for Restraints against Competition (GWB) went into force after being adopted by the German parliament on 6 July. The legislation follows a draft from the German government from April this year. The recently adopted law is based on this government draft, but includes changes proposed by the economic committee of the German parliament.The 11th GWB amendment sharpens cartel law by strengthening the powers of the German competition authority, the Federal Cartel Office, in three key areas. •    The Federal Cartel Office...
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    13/06/2023
    Middle East

    UAE Corporate Tax Law: When does a non-resident juridical person have a UAE Nexus?

    BackgroundThe UAE enacted its Corporate Tax Law (the “CTL”) in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The CTL came into force on 1 June 2023. The main corporate tax rate of 9% applies on income exceeding AED 375,000 (roughly USD 102,000). The CLT provides that the rate of corporate tax which applies to “Qualifying Free Zone Persons” is 0% with respect to qualifying income and 9% on non-qualifying revenue.Under Article 11 of the CTL, a taxable person includes a non-resident person which has a UAE nexus.Cabinet Decision...
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