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Competition law and joint ventures—checklist

Competition law and joint ventures—checklist This checklist summarises the competition law considerations relevant to both structural and non-structural joint ventures (both merger control rules and antitrust laws). Structural or non-structural? The key consideration will be to determine whether a proposed joint venture is structural or non-structural/cooperative; the answer to this will determine how the joint venture is to be assessed. Structural joint ventures • A structural joint venture will include arrangements that produce long-lasting structural changes to the market by creating or changing the economic control of a legal entity, for example: ◦ the creation of a joint venture company ◦ the creation of a separate partnership between the parents ◦ changes to shareholder control. • Structural joint ventures will generally always fall within merger control rules (depending on notification thresholds being met). If merger control rules don't apply, it will be necessary to consider antirust rules. Non-structural/cooperative joint venture • A non-structural and/or cooperative joint venture will not include any changes to the economic control of any...

Key IP considerations in R&D agreements—checklist

Key IP considerations in R&D agreements—checklist Using this Checklist This Checklist focuses on the IP aspects of R&D agreements and identifies the key terms typically included in an R&D agreement. This document can be used as a checklist of issues to consider when drafting, reviewing or negotiating such agreements. Key competition law considerations are also considered. However, an individual assessment will need to be conducted as to whether an agreement’s IP provisions are compatible with competition law, particularly the prohibitions against anti-competitive agreements under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and Chapter I of the Competition Act 1998 (CA 1998). On 1 June 2023, the European Commission adopted the EU Research & Developments Block Exemption, Commission Regulation (EU) 2023/1066 (EU R&D BER) and the accompanying Horizontal Guidelines. The EU R&D BER entered into force on 1 July 2023 and will expire on 30 June 2035. On 5 December 2022, the UK government laid before Parliament the Competition Act 1998 (Research and Development...

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Market definition and analysis in EU and UK competition law

IntroductionMarket definition is the traditional starting point for most analysis under competition law. It provides an objective conceptual framework for systematically identifying competitors (or potential competitors) that may constrain a company’s behaviour. The Commission refers to these as ‘effective and immediate competitive constraints’.Competition authorities use market definition in several contexts, especially for merger control, the assessment of anti-competitive agreements, and abuse of dominance cases.•Merger control—competition authorities assess the effects of the proposed merger. To that end, the Commission and the CMA identify the markets in which the merging parties are active, and the competitive constraint that the merged entity would face in such markets•Anti-competitive agreements—when competition authorities suspect an anti-competitive agreement between suppliers or purchasers, they usually assess whether the agreement had anti-competitive effects. This requires defining the markets that may have been affected by the agreement•Abuse of dominance cases—competition authorities assess whether the investigated company has significant market power and has used its position to distort competition. To do so, they usually define the markets in which the investigated...

Supranational regulation of CBDCs

Supranational regulation of CBDCs Scope of this Practice Note A central bank digital currency (CBDC) uses an electronic record or digital token to represent the virtual form of a fiat currency of a particular nation (or region). A CBDC is centralised as it is issued and regulated by the competent monetary authority of the country. A CBDC would make electronic money, issued by a country’s central bank, available to all households and businesses. This would allow everyone to make electronic payments in central bank money. This Practice Note focuses on the work carried out by supranational authorities towards the establishment of CBDCs. Supranational authorities’ approach to CBDCs BIS surveys on CBDCs The Bank of International Settlements (BIS) has led the supranational approach to looking at how CBDCs could properly function. The BIS started its work in this area in January 2019 with the publishing of the results of a second survey looking at central banks’ work and thinking on CBDCs and how they could replace traditional money. The paper was based on a survey...

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Competition law compliance—PR and communications—guide for staff

Competition law compliance—PR and communications—guide for staff Corporate communications are monitored by competition regulators, so it is important to not create a misleading or inaccurate impression of the legality of our activities in our communications. A poor choice of language (whether in press releases, media interviews or published company documents) that does not accurately state the facts can be damaging in any investigation by competition authorities and to our reputation. This guide provides key information for PR and communications staff to help you recognise competition law compliance issues, and practical tips on managing PR and communication high risk areas. 1 At all times you must: 1.1 stick to the facts; 1.2 state clearly the source of any pricing or market share information; 1.3 seek legal advice before speculating about the legality of any action. 2 Price announcements Be careful when making announcements about price changes to ensure these do not inadvertently amount to anti-competitive price signalling, eg by ensuring: 2.1 announcements are clearly intended for customers and...

Five forces model

Five forces model Five forces model Five forces analysis Think about each of the five key forces (factors) that drive an organisation’s competitive position and how they affect your industry and your business, then record your analysis in the table below. New entrants (eg is it relatively easy for new entrants to come into the market?) Power of suppliers (eg are your suppliers particularly powerful?) Buyer power (eg do buyers have the upper hand?) Product, service, technology development (eg what are the pressures of new technology and new product development?) Competitive rivalry (eg, how competitive is your marketplace and how much rivalry is there?) [Insert your findings, eg It is inexpensive for new entrants to enter this marketplace] [Insert your findings, eg There are lots of similar suppliers that can be switched easily] [Insert your findings, eg Supermarket

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Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship? The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Part 1 of the Communications Act 2003 (CA 2003), inserted by schedule 4 and schedule 1 to the Digital Economy Act 2017 (DEA 2017). Under Pt 1 of the new Code, a Code right is defined as being a right in relation to an operator and any land, for the statutory purposes of providing an operator's network or an infrastructure system, to carry out various activities. These activities include: • installing and keeping installed electronic communications apparatus (which are defined at Sch 3A Pt 1 (para 5)) on, over or under land • inspecting, maintaining, repairing, altering, upgrading, or operating the electronic communications apparatus on, over or under land, or entering land and carrying out works in connection...

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AI-related rights licensing agreements still ‘rare’, EU countries say

MLex: An EU copyright licensing market for training AI technologies remains underdeveloped due to the reluctance of developers to engage in licensing negotiations, according to a summary of responses by European governments and collective management organisations (CMOs) to a policy questionnaire. The survey identifies transparency problems for rights holders and workable opt-out mechanisms for the EU Copyright Directive’s text and data mining exception.

Competition weekly highlights—19 June 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) a High Court ruling dismissing a toy manufacturer’s damages claim but finding that MGA abused its dominant position and made unjustified patent threats, and (2) the CMA’s decision to update its procedural complaints guidance. This week's highlights also includes, from an EU perspective: (1) the Commission’s proposals for simplification to speed up defence investments in the EU, (2) an AG opinion concerning a national reference from Portugal on the interpretation of provisions in the Damages Directive governing actions for damages under national law for infringements of competition law, and (3) the Commission’s decision to publish a Revised Code of Best Practices for conduct of State aid control procedures.