Competition

The FSR General Tool

On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.

Sarunas Keserauskas Returns to Ellex

Former Lithuanian Competition Council Chairman Sarunas Keserauskas has returned to Ellex Valiunas as a Partner, after spending 12 years as the head of the competition watchdog.

Bulgaria Soon to Adopt an FDI Screening Regime

Bulgaria is among a minority of EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452.

Havel & Partners Successful for OSA Music Professional Association Against Abuse of Dominance Fine

Havel & Partners has successfully defended the Czech Republic-based OSA music professionals' association against abuse of dominance claims and a CZK 10.7 million fine imposed by the Czech Office for Competition Protection.

Ukraine Passes a Long-Awaited Merger Control Reform

On 9 August 2023, the Ukrainian Parliament passed an extensive set of amendments to the competition law. These currently await signature by the President and are expected to come into force on 1 January 2024, save for certain provisions that will become effective after martial law is lifted.

The Public Procurement Tool

The public procurement tool is intended to prevent foreign subsidies (as defined in Art. 3 FSR) from distorting competition in the internal market. This happens when companies are able to submit unduly advantageous bids that drive competitors unsupported by state funds out of the market, for example because they are subject to the strict prohibition of intra-EU State aid under Art. 107(1) TFEU. The need to counteract market-distorting subsidies from third countries is "particularly pronounced" in public procurement, since public contracts are financed with taxpayers' money.

Cartel Law – Records and Data of Your Telecommunication Traffic Now as Evidence

The content of communications recorded by criminal law enforcement authorities (LEAs) and traffic and location data; Not only voice communications, but also electronic messages made not only from a mobile phone, but also from landlines and other devices; Records of surveillance of persons and property by the LEAs. This and other information have so far reached the Czech national competition authority (Czech NCA) without being able to use it legally as evidence in the proceedings.