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The obstacles faced by potential entrants wanting to enter and compete in a new market, which will vary in type and complexity from market to market. Barriers to entry are normally considered by competition authorities in the course of assessing dominance under Article 102 TFEU and/or section 18 of the Competition Act 1998.
Legal barriers (such as existence of IPRs or the need for government licensing), necessity of economies of scale and the vertical integration of incumbents are all examples of barriers to entry faced by potential entrants. Markets that regularly experience new firm entry are likely to have low barriers to entry, compared with sectors such as aircraft manufacturing, for example, which has very high barriers to entry.
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Managing MJ merger control filings—checklist Merger control (or merger control-like) regimes exist in over 150 jurisdictions. In these jurisdictions, competition authorities have the power to block a merger outright or to accept or impose remedies. This Checklist highlights practical issues to consider when handling multi-jurisdictional merger control filing obligations. For summaries of merger control rules in all jurisdictions, see MJ merger grid–jurisdiction and MJ merger grid—procedure. For a collection of key learning points, see Key learning points from MJ reviews—anomalies, absurdities and potential pitfalls. What transactions fall within merger control rules? Relevant transactions In most jurisdictions, including in the EU, merger control applies to any transaction that brings previously independent companies under common control. The definition of control can be very wide. Acquisitions of control—sole v joint control Control may be exercised by one party on its own or jointly with one or more other parties: • sole control: the shareholder acquiring control can impose strategic decisions on the target company without having to take into account the...
Competition law due diligence—checklist Aim of competition due diligence Competition law due diligence carried out by a prospective purchaser aims to manage and minimise legal and commercial risk. The exercise has particular implications for the purchase price negotiated, the type/scope of contractual protections and guarantees sought and the degree of risk sharing (if any) the purchaser may be willing to assume in order to get the deal done. On this basis, a due diligence review will look to flush out and identify: • potential substantive issues that may result from a merger of competing or vertically complementary businesses • problems regarding enforcement of (and potential liability stemming from) a target company's key commercial contracts and/or licensing arrangements • any risk in relation to potential or pending investigations resulting from ongoing or past anti-competitive agreements/conduct • any risk in relation to the direct or indirect receipt of state aid or other financial advantages that might need to be repaid, and • exposure to third party damage claims as a result of...
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Türkiye behavioural investigations—closed cases tracker This table summarises all completed investigations by Türkiyes competition authority (the Turkish Competition Authority—the TCA) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under Article 4 of Law No. 4054 Case name, companies under investigation and industry Issues Developments Production and sale of cement and ready-mixed concrete• Batıbeton Sanayi AŞ• Öztürk Ticaret • Şölen Çimento Yapı İnş. San. ve Tic. Ltd. Şti• Çimentaş İzmir Çimento Fabrikası Türk AŞ Restrictive agreements—price fixing and customer allocation • Infringement decision announced—27/05/2025; fines totalling TRY 42,401,366 imposed Elevator maintenance• 14 undertakings (listed here) Restrictive agreements—price fixing and customer allocation •Infringement decision announced—28/01/25; fines totalling TRY 418,391 imposed 2024 Investigations under Article 4 of Law No. 4054 Case name, companies under investigation and industry Issues Developments Cleaning products• Viking Kağıt ve Selüloz Sanayi ve Ticaret AŞ Restrictive agreements—RMP •Settlement agreement reached—13/11/2024; fines totalling TRY 9,073,292 imposed Private education• 18...
Electronic communications: Framework Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services as amended by Directive 2009/140/EC (the Framework Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework, which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018 Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four...
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Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019? For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade in services between the remaining members of the EU (EU27) and the UK. This response does not focus on other legal, commercial and operational aspects which may be impacted by a ‘no deal’ Brexit in March 2019, such as (a) movement of people; (b) data protection; (c) intellectual property; (d) specific services, which may be subject to specific rules or arrangements (eg the insurance, banking and financial services or e-commerce sectors). Key guidance focusing on the WTO rules in a ‘no deal’ Brexit scenario includes: • Practice Note: International trade hub (in particular News Analyses: Post-Brexit trade-off—playing by the WTO rules and Brexit and the...
Can I accept payment of my fees in cryptoassets? What are cryptoassets? Cryptoassets are a store of value which is cryptographically proven (using computer code) and which can be transferred or exchanged digitally. They do not generally have equivalent physical manifestations (eg coins) and only exist notionally. They were designed to give individuals greater control over their finances, serving as a decentralised form of electronic currency that enables peer-to-peer global transactions, without the input of a centralised authority such as a country or a bank. Users can own and transact with cryptoassets in two ways: • through third-party intermediaries who safeguard the cryptoassets on behalf of the consumer • held directly, in a personal hardware-wallet—the user takes responsibility for storing their assets and user information Cryptoassets serve as a pseudo-anonymous and relatively quick method of moving funds globally. There are low barriers to entry—users only need an internet-connected device to transact with cryptoassets. It is no surprise therefore that cryptoassets are being exploited for money laundering, terrorist financing and proliferation...
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A round-up of UK competition law developments, including (amongst other things): (1) the CMA’s decision to fine to four banks for information exchange about UK government bonds, (2) a High Court judgment ruling that the Thames Water’s restructuring plan does not breach competition law, and (3) a CAT judgment dismissing Stellantis’ damages claim against car safety equipment cartels.
A round-up of UK competition law developments, including (amongst other things) publication by the CMA of its interim report in GXO/Wincanton.
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