Competition

EGC Upholds Significant Fine on Altice for Early Implementation of Transaction, EC and Competition Office Remain Vigilant on Investigations of Gun-Jumping

In April 2018, the European Commission imposed a fine of €124.5 million on French multinational telecommunications and mass media company Altice, for implementing its acquisition of PT Portugal before the Commission had approved the transaction and before the acquisition had even been notified to the Commission in some respects. In its judgment in Altice Europe v Commission, issued on September 22, 2021 (Case T-425/18), the European General Court (EGC), as the first instance EU court, dismissed Altice’s appeal against the Commission’s decision in its entirety, although it did reduce the original fine by €6.2 million, to €118.6 million, given that Altice had eventually notified the transaction.

Similarity of Single Letter Trademarks (GC T-399/20)

In its judgment on 14 July 2021 in Case T-399/20, the General Court assessed whether there is likelihood of confusion between figurative trademarks that depict two letters from different foreign alphabets.

Antitrust Proceedings Against the Biggest Suppliers of Ground Coffee

The Commission for Protection of Competition initiated ex officio antitrust proceedings against Atlantic Group, Atlantic Brands and Strauss Adriatic and conducted dawn raids, in order to investigate potential existence of restrictive agreements.

Another Gun-Jumping Investigation in Serbia

On 6 September 2021, the Competition Commission (the “Commission”) has initiated a formal procedure against company MAT – Real Estate for potential gun-jumping. The transaction concerned involves the acquisition of company Radijator d.o.o., a distributor of plumbing and heating equipment.

New Priorities Rules of the Bulgarian Competition Protection Commission - Another Try for Boosting the Antitrust Enforcement

At the beginning of 2021 the Bulgarian Competition Protection Act (CPA) was amended, among others, with the implementation of ECN+ Directive. This brought hope that the antitrust activity of the Bulgarian Competition Protection Commission (CPC) may increase.

Merger Control Austria: Modified Merger Thresholds and New Substantive Test, as Well as Intensified FDI Screening under the Amended Austrian Cartel Act

The Austrian Cartel and Competition Law Amendment Act 2021 (KaWeRÄG 2021) will introduce – in part substantial – amendments to the Austrian merger control regime as of 1 January 2022. The amendment originated in the context of the implementation of the ECN+ Directive. However, the Austrian legislator seized the opportunity to, among other things, refine the Austrian merger control regime by introducing a second domestic turnover threshold and implementing the SIEC test, as well as to strengthen the FDI screening mechanism.

New Hungarian Government Decree on Patent Protection: Encouragement of Patents Vs. Threat of Compulsory Licensing

In response to the ongoing COVID-19 pandemic, on 6 August 2021 the Hungarian Government issued Decree No. 474/2021 on the different application of the Patent Act (Act XXXIII of 1995). According to the decree, patent applications filed after the entry into force of this decree will not be subject to a maintenance fee for the first three years of patent protection. The decree was promulgated on 6 August 2021 and will remain in force until the end of the state of emergency related to COVID-19.