Jesper Kaltoft’s Post

This Monday marked the entry into force of new rules in the Danish Competition Act, significantly enhancing the powers of the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen). These changes, approved by the Danish Parliament in May, aim to foster more effective competition. One of the key updates is the Authority's new power to demand notification of potentially harmful mergers, even if they fall below the usual thresholds for mandatory approval. This proactive measure is intended to prevent mergers having anticompetitive effects from avoiding regulatory oversight. Additionally, the Authority is now empowered to conduct market investigations into behaviors or structures. If such investigations reveal practices that significantly weaken competition to the detriment of consumers or other businesses, the Competition Council (Konkurrencerådet) may order changes in the conduct. The new rules also introduce updated principles for calculating fines for competition law breaches. These principles aim to ensure that fines more accurately reflect the economic harm caused by violations, aligning with the methods used by the European Commission and several other EU member states. Read the press release about the amendments here (in Danish): https://lnkd.in/dZ2MmZEu #competitionlaw #mergercontrol #marketinvestigation #legalupdate

Same procedure as last year? Same procedure as every year! It was a pleasure meeting the German antitrust community at the annual meeting of the Studienvereinigung Kartellrecht e. V. and listening to President Mundt‘s annual state-of-rhe-union address. President Mundt re-itterated his concerns about introducing call-in powers in national EU merger control regimes, his skepticism about raising turnover thresholds and argued in favor of a transaction-value threshold similar to the German and Austrian tests. In terms of substantive merger control, he pointed to the importance of innovation-based theories of harm. He emphasized the FCO’s focus on using innovative screening and monitoring tools in cartel enforcement in times of stagnating leniency applications (the number of which the FCO will likely no longer publish going forward). Annd we may also hear from the FCO soon on no-poach and orher labor releted practices enforcement… And finally, a Happy Holiday Season to the German antitrust community!

Well this would be quite the development if the ECJ follows the AG's view that the EC's interpretation of Article 22 EUMR was too broad. Such a ruling would restore legal certainty for merging parties that Member States cannot use Article 22 EUMR to ask the EC to review a concentration that does not trigger a national filing and that does not have a community dimension.

The COMESA Competition Commission has recently published draft regulations that propose significant changes to the CCC's current competition regime. In an article by Tyla Lee Coertzen and myself, we unpack the key proposed amendments. If you're interested in learning more about the potential changes, check out the article below. The deadline to provide comments on the draft regulations has been extended until 14 March 2024. #COMESA #competitionlaw

Glad to have worked on this article with Gina Lodolo. If you are interested in learning about the COMESA Competition Commission's proposed amendments to the COMESA Competition Regulations, check out our latest post on African Antitrust! #COMESA #AfricanAntitrust

I am delighted to have contributed to Concurrences' "Why competition?" book. In my contribution I have chosen to focus on what's needed to make markets work well beyond competition law enforcement. I insist on the fact that well-functioning markets require well-functioning institutions. This year, The Nobel Prize for Economic Sciences has been awarded to Daron Acemoglu, Simon Johnson and James Robinson for demonstrating the relevance of well-functioning institutions for a country’s prosperity. They have shown that countries with a poor rule of law and institutions that exploit the population do not generate growth. There are obviously examples of growing developing economies with weak institutions, but, particularly for developed economies, it is generally agreed that institutions are crucial for growth. I also explain that well-functioning markets require an expansion and reduction of supply, when demand expands or reduces. This in turn call for a reallocation of resources and assets for which well-functioning capital markets are crucial. Mergers and acquisitions are also important, as they are a powerful instrument to reallocate assets and customers from less efficient firms to more efficient firms. I would be delighted to get your thoughts on my contribution!

The May 2024 issue of GT's monthly newsletter Competition Currents is now live. This month's newsletter highlights various significant developments in global #antitrust and #competitionlaw. Greenberg Traurig attorneys review select competition and antitrust subjects by geographic region (United States, Mexico, the Netherlands, Poland, Italy, European Union and Greater China) including key deals, changes in regulations, and significant investigations and cases. 📖 Read the full issue here: https://buff.ly/4doJwLT. #GTNewsletters

The European Commission has adopted a Revised Market Definition Notice, reflecting new market realities in sectors like life sciences and technology. Learn about key changes introduced and how they impact businesses, advisors, and antitrust authorities in this post by James Parkinson #EuropeanCommission #MarketDefinition #AntitrustLaw

🏢 Day 21: The Right to Competition 🏢 In a thriving economy, the Right to Competition ensures that businesses can operate on a level playing field, promoting fair market practices and preventing monopolistic behavior. Competition law is essential to protect consumer interests, promote innovation, and encourage efficiency in the marketplace. Key aspects of competition rights: 📌 Prevention of Anti-Competitive Practices: Competition laws aim to curb practices like price-fixing, market manipulation, or abuse of dominant market positions that harm competition and consumers. 📌 Mergers and Acquisitions: Regulatory authorities like the Competition Commission of India (CCI) oversee mergers to ensure they do not create monopolies or distort competition in the market. 📌 Consumer Protection: Fair competition benefits consumers by ensuring access to better products, services, and pricing, fostering innovation and efficiency among businesses. 📌 Landmark Case: Belaire Owner’s Association v. DLF Ltd. (2011) — The CCI imposed a hefty fine on DLF Ltd. for abusing its dominant position in the real estate market by imposing unfair conditions on consumers, a significant ruling that upheld competition law principles. 🔎 For lawyers, understanding competition law is essential in advising businesses on mergers, acquisitions, and avoiding anti-competitive practices while ensuring compliance with regulations. #CorporateRights #CompetitionLaw #FairMarket #ConsumerProtection #CorporateCompliance #AntiMonopoly #Day21

Discover your best resource for all things antitrust economics and competition law at the Competition Policy International (CPI) Bookstore. Whether you're an academic, regulator, lawyer, or economist, you'll find our selection of insightful books is tailored to your interests. Dive into the latest research and expert analyses to stay ahead in your field. Don't miss out on these invaluable resources—explore the CPI Bookstore today and enrich your professional library! 🔗 CPI Bookstore #Antitrust #CompetitionLaw #Economics #CPIBookstore #ProfessionalDevelopment #LegalStudies #EconomicsResearch