Insights

Brussels – May 22, 2024: Senior antitrust regulators from the European Commission, the U.K.’s Competition and Markets Authority, and the U.S. Department of Justice will join industry and academic leaders for in-depth discussions at the Crowell & Moring and King's College London Sixth Annual EU Competition Law Conference on June 11 at TheMerode in Brussels.

On Tuesday, June 11, 2024, Crowell & Moring (Crowell) and King's College London co-hosted their 6thannual Competition Law Conference at TheMerode in Brussels. The event featured a keynote address by David Lawrence, Policy Director at the Antitrust Division of the US Department of Justice (DOJ), and four panels of experts discussing the latest developments in competition law in the EU, UK and US. Key topics included the impact of AI and digital innovation, no-poach and non-compete provisions in the employment context, state aid and the Foreign Subsidies Regulation, and developments in merger enforcement. Distinguished speakers from the EU, UK and US, representing diverse perspectives from regulatory authorities, academia, and industry, shared their insights on these pressing issues.

At the beginning of the year, we brought to your attention that a number of important Belgian and EU legislative changes are likely to have an impact in 2024: there are new laws that have been adopted and proposals that are expected to firm up into law.

More than 25 years after the adoption of the original Market Definition Notice in 1997, the European Commission published a revised Market Definition Notice earlier this year. The definition of relevant markets is often the first step in a competition analysis and forms the basis for calculating undertakings’ market shares and thus their level of market power.

Wij hebben het genoegen u uit te nodigen voor de officiële voorstelling van het boek “Concentratiecontrole in België” van Karel Bourgeois op 8 december 2022.

The European Commission is currently reviewing the Horizontal Block Exemption Regulations and the Horizontal Cooperation Guidelines. The revised regulations and guidelines will enter into force by the end of this year. The drafts reflect the Commission’s updated approach to horizontal cooperation issues such as joint purchasing, joint production, bidding consortia, information exchanges, etc. They also provide new guidance on agreements pursuing sustainability (ESG) goals. This webinar will focus on the key changes that inhouse counsel should be aware of.

On June 1, 2022, the various governments of Belgium reached a cooperation agreement on a screening regime for foreign direct investments (FDI). The new regime aims to protect Belgium’s national security, public order, and strategic interests. To that end, transactions in a wide range of sectors, and regardless of their size, will be subject to mandatory and suspensory notification to a new body, the Interfederal Screening Commission (ISC). The new regime is currently expected to enter into force by mid-2023.

In response to the digital revolution and the increasing impact technology has on business, Competition Authorities on both sides of the Atlantic are stepping up merger control enforcement. They are revising current policies, advocating for more aggressive use of existing rules to their full potential effect, and calling for new laws and regulations where they see the need. What does this mean for companies engaging in transactions in the digital marketplace and other industries? Is it becoming harder to predict if a deal will be subject to merger control? Are some deals more likely to receive enhanced scrutiny than others? And, what are the broader implications for all sectors when Competition Authorities push the boundaries on traditional theories of harm and remedies, and prohibitions become more commonplace?