If you are not yet registered, take a look at our   Webinar "Competition law enforcement in CEE / what's hot?" that takes place on 24 June 2020!

In addition to that, stay informed about the latest developments in competition law in Central and Eastern Europe with Schoenherr's multi-jurisdictional newsletter. Each issue offers insight into developments in merger control, anti-trust, and unfair competition in the region.

This edition's main takeaways:

Merger control:

Several countries have enacted (new) FDI regimes lately, creating further regulatory requirements for foreign investments. The Austrian NCA has had several cases in May either clearing new mergers subject to remedies or amending the conditions of previously approved mergers.

Antitrust:

Antitrust advocacy or enforcement related to COVID-19 is still moderate compared with the NCAs of Western Europe, but the Turkish authority has opened two high-profile cases (regarding face masks and FMCG). Austria has reported three noteworthy abuse of dominance cases, concerning motor vehicle distribution, price gouging in cancer treatments and fees to access broadcasting services.

Unfair competition:

Romania has jumped aboard the UTP train by proposing a new law that would give broad enforcement rights to the Romanian competition authority. Meanwhile, the Czech authority has issued a comment on the Supreme Court judgment finding parts of the national UTP act unconstitutional.

Sectors and sector enquiries:

Austrian regulators are tackling the challenges of digitalisation, publishing a paper on possible changes to competition law and a paper on tools to monitor online platforms. Sector enquires have been opened or concluded into television broadcasting (Hungary), waste (Poland) and the sharing economy (Romania).

Read the full newsletter online or download it here.

Table of Contents

Austria

  • Suspension of media merger remedy extended due to COVID-19
  • Amendment to conditional clearance of an acquisition by OMV
  • Media merger cleared subject to remedies
  • FCA requests declaratory judgment from cartel court in pharma abuse case
  • Cartel court finds abuse of dominance in motor vehicle distribution
  • Supreme Cartel Court rejects alleged abuse of dominance
  • Monitoring of digital communication platforms and gatekeepers

Czech Republic

  • Competition office fines sports equipment company for resale price maintenance
  • Unfair competition: Office issues statement on the Constitutional Court judgment of May 2020

Hungary

  • Top court confirms fine imposed for submission of false information in telco merger probe
  • Hungary introduces FDI mechanism
  • The Hungarian Competition Authority (GVH) launches sectoral inquiry into the television broadcasting market
  • Annual report of the GVH to the parliament revealed more fines imposed in consumer protection cases than for cartels

Poland

  • Government adopts new proposals in envisaged FDI mechanism
  • Agency opened investigation against DAF truck dealers
  • Consumer ombudsman applied for price-fixing investigation against fuel stations
  • UOKiK published a report on waste market

Romania

  • Competition Council being sued by internet platform for imposing unduly lenient fine 
  • Proposed amendments to the Unfair Competition Law bring focus on companies with superior bargaining position
  • Competition Council publishes study on impact of collaborative (sharing) economy

Slovakia

  • Agency fines car dealer cartel EUR 6.7m
  • Agency clears takeover of Le Bélier by Guangdong Wencan 
  • Agency closed administrative proceedings into book merger
  • Inquiry opened into postal firm over suspected failure to provide information 
  • Interim measures issued and revoked in industrial park case 

Slovenia 

  • Slovenia introduces foreign investments screening rules 

Turkey 

  • Face masks and FMCG price gouging investigated 
  • Draft changes to competition law 

Originally published June 17, 2020.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.