Notícias
Cade lançará sistema que automatiza a notificação de ato de concentração sumário
Live de lançamento acontecerá na próxima quinta-feira (21/12), às 15hCompartilhe:
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Publicado em 18/12/2023 16h36 Atualizado em 18/12/2023 17h05
Nesta quinta-feira (21/12), o Conselho Administrativo de Defesa Econômica (Cade) promoverá live para apresentar o e-Notifica, sistema de notificação on-line de atos de concentração. A transmissão ocorrerá a partir das 15h, pelo canal da autarquia no YouTube, e será conduzida pelo superintendente-geral, Alexandre Barreto.
Na ocasião, além do lançamento, haverá apresentação do projeto, demonstração das funcionalidades e de materiais de apoio, como manual e vídeo de treinamento.
O objetivo do e-Notifica é tornar o processo de notificação de atos de concentração mais digitais, melhorando a experiência do usuário e integrando o sistema com outras bases de dados do Cade e de demais órgãos públicos.
Além de Barreto, participarão do encontro o coordenador da Coordenação-Geral de Análise Antitruste 5 (CGAA5), Ednei Nascimento, a coordenadora da Coordenação-Geral Processual (CGP), Keila Ferreira, e o coordenador da Coordenação-Geral de Tecnologia da Informação (CGTI), Vinicius Eloy.
O e-Notifica estará disponível na página institucional do Cade no Gov.Br, por meio do botão “item Usuário Externo do SEI”.
Não perca!
FTC Staff Report Details Key Takeaways from AI and Creative Fields Panel Discussion
Tags:
- Consumer Protection
- Competition
- Technology
- Entertainment
- Artificial Intelligence
- Office of Technology
In a new report, Federal Trade Commission staff detailed key takeaways from an October 2023 public virtual roundtable that examined how generative artificial intelligence, tools that can generate outputs like text, images, and audio on command, is being used and is affecting professionals in music, filmmaking, software development, and other creative fields.
During the virtual event, working creative professionals representing artists, writers, actors, musicians and other creative fields noted that while there are benefits to AI, such as potentially aiding their own work, they also expressed concerns:
- Collection without Consent: Creative professionals noted how their past work was being collected and used without their consent or awareness to train generative AI models, including by using expansive interpretations of prior contractual agreements.
- Nondisclosure: Participants also expressed concern that they might not even know that their works are being used because many AI developers do not publicly disclose what works have been included in training data.
- Competing for work with AI: Participants said that generative AI outputs are starting to appear in the venues where creative professionals compete for work, potentially making it more difficult for consumers and potential publishers to find human-made work.
- Style mimicry: Some participants expressed concerns about generative AI tools being used to mimic their own unique styles, brands, voices and likenesses, which could allow strangers and former clients to create knockoffs including synthetic voices and images.
- Fake endorsements: Participants said generative AI has been used to create false depictions of artists selling products that they never endorsed or used by trolls to generate offensive content using their cloned voices.
While some companies have begun allowing artists to opt out of having their work used by AI, participants said this option puts the burden on creators to police a rapidly changing marketplace. They also noted that opt-outs would only address future uses and would be difficult to implement given the lack of transparency by AI developers. Instead, participants urged AI developers to adopt an opt-in approach to using artists work, which would give artists control over whether they want their work to be used for generative AI.
The staff report noted that, although many of the concerns raised at the event lay beyond the scope of the Commission’s jurisdiction, targeted enforcement under the FTC’s existing authority in AI-related markets can help protect fair competition and prevent unfair or deceptive acts or practices. The report stated that the FTC will continue to closely monitor generative AI industry developments and will remain vigilant and ready to use its law enforcement and policy tools to foster fair competition, protect consumers, and help ensure that the public benefits from this transformative technology.
The Commission voted 3-0 to issue the staff report.
The lead staffers on the report are Madeleine Varner, Jessica Colnago, and Stephanie Nguyen.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and report scams, fraud, and bad business practices online at ReportFraud.ftc.gov. Follow the FTC on social media, read our blogs and subscribe to press releases for the latest FTC news and resources.
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Statement Regarding the Termination of John Muir’s Takeover of San Ramon Regional Medical Center from Tenet Healthcare
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The FTC and the State of California moved to dismiss their case challenging John Muir Health’s proposed deal to acquire sole ownership of San Ramon Regional Medical Center, LLC from current majority owner Tenet Healthcare Corporation following an announcement of the deal’s termination.
Bureau of Competition Director Henry Liu issued the following statement:
“The FTC has scored another major health care win in less than a month, delivering patients in California continued access to quality, affordable health care services. John Muir’s anticompetitive hospital takeover would have driven up health care costs for critical services like heart surgery, spinal surgery, and maternity care. It also threatened to eliminate improvements in care driven by competition, which directly benefit patients.
Now that this transaction is terminated, John Muir and Tenet’s San Ramon Regional Medical Center can continue competing head-to-head to offer high-quality care at the best prices for Californians in the I-680 corridor. I want to thank the Office of the California Attorney General for their partnership in this matter. Thank you to the FTC staff, attorneys and economists for their work and dedication to this case.”
On November 17, 2023, the FTC sued to block John Muir’s proposed acquisition, issuing an administrative complaint alleging the deal would drive up health care costs and eliminate competition to improve services. The FTC and the California Attorney General also jointly sought a temporary restraining order and preliminary injunction in the U.S. District Court for the Northern District of California to halt the proposed transaction.
On December 15, 2023, John Muir announced it would terminate its proposed deal to acquire Tenet’s remaining interest in San Ramon Medical Center. Following this development, the FTC and California moved to dismiss their federal court case and the FTC dismissed its administrative challenge on December 18, 2023.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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FTC Sues to Block John Muir Health’s Takeover of San Ramon Regional Medical Center
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Statement Regarding Illumina’s Decision to Divest Grail
Tags:
- Competition
- Bureau of Competition
- Merger
- Vertical
- vertical restraint
- Health Care
- Medical Equipment and Devices
Illumina, Inc. announced it would divest Grail, Inc. following a U.S. Court of Appeals for the Fifth Circuit decision that supported the Federal Trade Commission’s determination that the acquisition threatened competition in the market for cancer detection tests.
Federal Trade Commission Bureau of Competition Director Henry Liu issued the following statement:
“This is a major win for the FTC as it works to protect competition in health care. Illumina’s decision to unwind its acquisition of Grail ensures the market for cancer detection tests remains competitive and delivers a choice of high-quality tests for patients and physicians, ultimately saving lives.
The Fifth Circuit’s unanimous ruling in this case recognizes how vertical deals can threaten competition and provides a clear roadmap for future cases. The ruling is also a victory for patients who need affordable, high-quality quality cancer detection tests. I applaud FTC staff for their dedication to this case and effort to ensure this critical health care market remains competitive.”
The FTC challenged Illumina’s acquisition of Grail in March 2021 alleging the deal would diminish innovation in the U.S. market for multi-cancer early detection (MCED) tests while increasing prices and decreasing choice and quality of tests.
In April 2023, the Commission issued an opinion and order reversing the Administrative Law Judge’s dismissal of the proceeding and requiring Illumina to divest Grail. In June 2023, Illumina petitioned the Fifth Circuit to review the Commission’s order and opinion, and the Fifth Circuit heard arguments in the case in September 2023.
On December 15, 2023, the Fifth Circuit issued an opinion in the case finding that there was substantial evidence supporting the Commission’s ruling that the deal was anticompetitive. The Fifth Circuit vacated the Commission’s order and remanded it for further proceedings based on the standard the Commission applied when reviewing one aspect of Illumina’s rebuttal evidence. On December 17, 2023, Illumina then announced it would divest Grail.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail
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Federal Trade Commission and Justice Department Release 2023 Merger Guidelines
Following a Robust Public Process, Agencies Modernize Merger Guidelines to Reflect Realities of the Modern Economy
Tags:
- Competition
- Bureau of Competition
- Merger
- Horizontal
- Vertical
- attempted monopolization
- dual enforcement/DOJ
- efficiencies
- Herfindahl-Hirschman Index (HHI)
- market power
- monopolization
- vertical restraint
Today, the Federal Trade Commission and the Justice Department jointly issued the 2023 Merger Guidelines, which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions. The 2023 Merger Guidelines are the culmination of a nearly two-year process of public engagement and reflect modern market realities, advances in economics and law, and the lived experiences of a diverse array of market participants.
“Fair, open, competitive markets have been essential to America’s dynamic, thriving economy, and policing unlawful mergers is our front line of defense against harmful corporate consolidation,” said FTC Chair Lina M. Khan. “The 2023 Merger Guidelines reflect the new realities of how firms do business in the modern economy and ensure fidelity to statutory text and precedent. I am grateful for the thousands of comments submitted by American workers, consumers, entrepreneurs, farmers, business owners, and other members of the public. This input directly informed the guidelines and allowed us to pursue this work with a deeper understanding of the real-life stakes of merger enforcement.”
“These finalized Guidelines provide transparency into how the Justice Department is protecting the American people from the ways in which unlawful, anticompetitive practices manifest themselves in our modern economy,” said Attorney General Merrick B. Garland. “Since releasing the Draft Merger Guidelines earlier this summer, we have engaged with stakeholders across the country, and the Guidelines are stronger as a result. The Justice Department will continue to vigorously enforce the laws that safeguard competition and protect all Americans.”
“The Guidelines we release today are faithful to the law and reflect how competition plays out in our modern markets. Ensuring that our merger enforcement protects that competition is our North Star. Competitive markets and economic opportunity for all Americans go hand in hand,” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “We were grateful to hear from authors, nurses, farmers, and other concerned citizens from across the country as we worked to put together the 2023 Merger Guidelines. Their comments were invaluable — and our merger enforcement will be better as a result.”
The 2023 Merger Guidelines released today modify the draft Merger Guidelines released on July 19, 2023, to address comments from the public, including extensive engagement from attorneys, economists, academics, enforcers, and other policymakers at the agencies’ three Merger Guidelines Workshops. They emphasize the dynamic and complex nature of competition ranging from price competition to competition for the terms and conditions of employment, to platform competition. This approach enables the agencies to assess the commercial realities of the United States’ modern economy when making enforcement decisions and ensures that merger enforcement protects competition in all its forms.
The agencies protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued merger guidelines to enhance transparency and promote awareness of how the agencies undertake merger analysis before deciding whether or not to challenge an acquisition. Over the years, the agencies have worked collaboratively to update the merger guidelines periodically to reflect changes in the law and market realities, including in 1982, 1984, 1992, 1997, 2010, and 2020.
The robust process to develop the 2023 Merger Guidelines began in January 2022. The agencies announced an initiative to evaluate possible revisions to the 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger Guidelines and published a Request for Information on Merger Enforcement, which sought public comment on modernizing merger enforcement. The agencies received more than 5,000 comments. Commenters highlighted excessive market consolidation across industries and overwhelmingly urged the agencies to strengthen their approach to merger enforcement. At the agencies’ four listening sessions, business owners, workers, and other advocates similarly highlighted the potential for mergers and acquisitions to undermine open, vibrant, and competitive markets, in industries ranging from food and agriculture to health care.
Informed by this feedback, agency experience and expertise, as well as developments in the market, law, and economics, the agencies drafted and jointly released a proposed version of the 2023 Merger Guidelines for public comment in July 2023 and received more than 30,000 comments reflecting the views of consumers, workers, academics, interest organizations, attorneys, enforcers, and many others across various sectors of the American economy. The agencies also held three Merger Guidelines Workshops to discuss the draft Merger Guidelines. This engagement informed an in-depth revision process culminating in today’s release of the 2023 Merger Guidelines.
Like the prior horizontal and vertical merger guidelines they replace, the 2023 Merger Guidelines are not themselves legally binding, but provide transparency into the Agencies’ decision-making process.
The 2023 Merger Guidelines do not predetermine enforcement action by the agencies. Although the Merger Guidelines identify the factors and frameworks the agencies consider when investigating mergers, the agencies’ enforcement decisions will necessarily depend on the facts in any case and will continue to require prosecutorial discretion and judgment.
The Commission vote to approve the 2023 Merger Guidelines was 3-0.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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FTC and DOJ Seek Comment on Draft Merger Guidelines
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L’Autorité publie un nouveau communiqué de procédure relatif à son programme de clémence
Publié le 15 décembre 2023 Imprimer la page
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L’Autorité de la concurrence publie un nouveau communiqué de procédure relatif au programme de clémence qui consolide et précise le cadre juridique applicable afin d’encourager les entreprises à recourir à la procédure de clémence en leur apportant plus de clarté et de prévisibilité quant au traitement de leur demande. Il remplace le communiqué du 3 avril 2015 pour prendre en compte les modifications issues de la directive ECN+, de la loi DDADUE et du décret n° 2021-568 du 10 mai 2021.
Tout d’abord, le communiqué prend acte de la suppression par la loi DDADUE de l’avis de clémence rendu par le collège et détaille la nouvelle procédure par laquelle le rapporteur général informe l’entreprise de son éligibilité à une exonération totale ou partielle des sanctions pécuniaires encourues, qu’il appartient au collège de confirmer, lorsqu’il rend sa décision au fond.
Ensuite, le communiqué apporte une plus grande clarté sur des points majeurs : il expose les nouvelles conditions d’éligibilité aux différents types d’exonération issues du décret, explicite la pratique du marqueur permettant au demandeur de conserver sa place dans l’ordre d’arrivée et précise les garanties conférées au bénéficiaire de la clémence au regard de sa responsabilité civile ou pénale.
Enfin, il modernise la procédure de dépôt et de recueil des demandes de clémence en permettant la dématérialisation des échanges.
La mise à jour du communiqué clémence s’ajoute à l’instauration récente de la procédure de recueil et de traitement des lanceurs d’alertes pour constituer un cadre rénové et efficace de détection des pratiques anticoncurrentielles par l’Autorité.
Rented housing sector consumer research project
The CMA has launched a consumer protection project to identify key issues for landlords and their tenants across the UK.From:Competition and Markets Authority
Published 28 February 2023
Last updated19 December 2023 — See all updates
CMA and Bank of England memorandum of understanding
Memorandum of understanding between the Competition and Markets Authority (CMA) and the Bank of England.From:Competition and Markets Authority and Bank of EnglandPublished19 December 2023Get emails about this page
Documents
CMA and the Bank of England memorandum of understanding
PDF, 234 KB, 6 pages
Details
The memorandum of understanding explains how the CMA and the Bank of England will collaborate on issues where they have shared interests.
This includes promoting a culture of cooperation and collaboration between the CMA and the Bank of England, and sets out how they will share information to assist each other in carrying out their functions.
Published 19 December 2023
Casos
Comissão Europeia
ALLIANZ / TUA ASSICURAZIONI
Merger
Last decision date: 18.12.2023 Simplified procedure
AGI / BNPPF / JV
Merger
Last decision date: 18.12.2023 Simplified procedure
ADOBE / FIGMA
Merger
Last decision date:18.12.2023
CMA
Copart / Hills Motors merger inquiry
- The CMA is investigating the completed acquisition by Copart, Inc. of Green Parts Specialist Holdings Ltd (Hills Motors).
- Updated: 19 December 2023