Notícias

Publicada pauta da sessão de julgamento da próxima quarta-feira (17/04). Confira!

Cinco casos serão apreciados durante a 228ª reunião do Tribunal Administrativo

Publicado em 11/04/2024 10h00 Atualizado em 11/04/2024 18h21

Foi publicada, no Diário Oficial da União desta quinta-feira (11/04), a pauta da 228ª Sessão Ordinária de Julgamento do Conselho Administrativo de Defesa Econômica (Cade), que acontecerá na próxima quarta-feira (17/04), às 10h, com transmissão pelo YouTube da autarquia.   

Ao total, cinco casos serão apreciados, sendo um ato de concentração, dois procedimentos administrativos para apuração de ato de concentração e dois processos administrativos.  

Confira a pauta de julgamento:  

1. Ato de Concentração nº 08700.003198/2023-01 

Requerentes: Knauf do Brasil Ltda. e Trevo Industrial de Acartonados S.A.. 

Relator: conselheiro Victor Oliveira Fernandes 

2. Procedimento Administrativo de Apuração de Ato de Concentração nº 08700.005463/2019-09 

Representadas: Govesa Motors Veículos, Peças e Serviços Ltda., Kuruma Veículos S.A., Moitinho Automóveis Ltda. 

Relator: conselheiro Gustavo Augusto 

3. Procedimento Administrativo de Apuração de Ato de Concentração nº 08700.001524/2023-37 

Representadas: Illian Energias Renováveis S.A., Solar Irecê S.A. e Solar Irecê 3 S.A. 

Relator: conselheiro Diogo Thomson 

4. Processo Administrativo nº 08700.007776/2016-41 

Representante: Conselho Administrativo de Defesa Econômica ex officio. 

Representados: Andrade Gutierrez Engenharia S.A. (atual denominação social de Construtora Andrade Gutierrez S.A.), Construções e Comércio Camargo Corrêa S.A., EIT – Empresa Industrial e Técnica S.A., Camter Construções e Empreendimentos S.A., Construtora Norberto Odebrecht S.A., Delta Construções S.A., Construtora OAS S.A., Álya Construtora S.A. (atual denominação social de Construtora Queiroz Galvão S.A.), Carioca Christiani-Nielsen Engenharia S.A., Caenge S.A. Construção, Administração e Engenharia, em recuperação judicial; e pessoas físicas.  

Relator: conselheiro Sérgio Ravagnani 

Voto-Vista: presidente Alexandre Cordeiro 

5. Processo Administrativo nº 08700.003266/2022-42 

Representante: Grid Pneus e Serviços Automotivos Ltda. 

Representados: Fabio Siricio, Orivaldo Sandes Basso, Sergio Pimenta, Arilton da Silva Machado, Marcelo Augusto Borges, Sérgio Carlos Ferreira, Clodoaldo Jose Barbosa, Nilberto Antônio Bellenzier, João Alberto Pinho de Camargo, Rodrigo Duarte Abud, Rogério Magalhães Gustavo de Souza e pessoas jurídicas.  

Relator: conselheiro Gustavo Augusto

Justice Department, Federal Trade Commission and the European Commission hold Fourth U.S.-EU Joint Technology Competition Policy Dialogue

Thursday, April 11, 2024Share

For Immediate Release

Office of Public Affairs

Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division, Chair Lina M. Khan of the Federal Trade Commission (FTC) and Executive Vice President Margrethe Vestager of the European Commission met today in Washington, D.C., for the fourth meeting of the U.S.-EU Joint Technology Competition Policy Dialogue (TCPD). The principals and senior staff met to continue to cooperate in ensuring and promoting fair competition in the digital economy.   

“The growth of data monopolies and the rapid expansion of artificial intelligence expand the competitive threats we face from dominant digital gatekeepers,” said Assistant Attorney General Jonathan Kanter. “Exchanging best practices with our global counterparts helps us to more effectively serve the American people, and we deeply appreciate the European Commission’s continued engagement through the TCPD.”

“As businesses move at breakneck speed to build and monetize AI and algorithmic decision-making tools, engaging with our international partners and sharing best practices will be especially critical,” said FTC Chair Lina M. Khan. “The Joint Technology Dialogue provides U.S. agencies and the European Commission a key opportunity to discuss emerging threats in a rapidly evolving digital economy.”

“With today’s meeting, we have further strengthened our cooperation in competition policy and enforcement in the technology area,” said European Commission Executive Vice President Margrethe Vestager. “The fast-moving technology sector raises global challenges such as regarding artificial intelligence and cloud computing more broadly. It is essential to anticipate and address such challenges through close cooperation, leveraging our respective experiences for the benefit of consumers and businesses on both sides of the Atlantic.”

The discussion centered on critical issues the agencies are facing, including common challenges related to rapidly evolving technologies in the digital sector such as artificial intelligence and the importance of keeping merger control fit for purpose in a digitalized economy. The agencies also exchanged views on evolving market dynamics in the digital sector and reiterated the importance of continuing their discussions within the framework of the TCPD with a goal of ensuring and promoting fair competition in the technology sector.

On Dec. 7, 2021, the Justice Department, FTC and European Commission launched the TCPD to further boost transatlantic cooperation on competition policy and enforcement in the digital sector in light of the common challenges facing the three authorities. Upon its launch, the Commission and U.S. competition agencies issued a statement regarding the TCPD and reaffirming their longstanding tradition of close cooperation on competition matters.

On June 15, 2021, President Biden and the European Commission President Ursula von der Leyen launched the U.S.-EU Trade and Technology Council (TTC). The TTC serves as a forum for the United States and European Union to coordinate approaches to key global trade, economic and technology issues and to deepen transatlantic trade and economic relations based on shared democratic values.

The Justice Department, FTC and European Commission have a longstanding tradition of close cooperation in antitrust enforcement and policy, beginning even before the formal 1991 cooperation agreement between the European Commission and United States regarding the application of their competition laws.

Updated April 11, 2024

EU-US Hold Fourth Joint Technology Competition Policy Dialogue

April 11, 2024

Tags: 

• Competition
• Office of International Affairs
• Bureau of Competition
• Technology
• Artificial Intelligence

Today, Federal Trade Commission Chair Lina Khan, the Justice Department’s Antitrust Division (DOJ) Assistant Attorney General Jonathan Kanter, and European Commission Executive Vice-President Margrethe Vestager met in Washington for the fourth meeting of the EU-US Joint Technology Competition Policy Dialogue (TCPD) to continue work on cooperation in ensuring and promoting fair competition in the digital economy.

“As businesses move at breakneck speed to build and monetize AI and algorithmic decision-making tools, engaging with our international partners and sharing best practices will be especially critical,” said FTC Chair Lina M. Khan. “The Joint Technology Dialogue provides U.S. agencies and the European Commission a key opportunity to discuss emerging threats in a rapidly evolving digital economy.”

“The growth of data monopolies and the rapid expansion of artificial intelligence expand the competitive threats we face from dominant digital gatekeepers,” said Jonathan Kanter, Assistant Attorney General, U.S. Department of Justice Antitrust Division. “Exchanging best practices with our global counterparts helps us to more effectively serve the American people, and we deeply appreciate the European Commission’s continued engagement through the TCPD.”

“With today’s meeting, we have further strengthened our cooperation in competition policy and enforcement in the technology area. The fast-moving technology sector raises global challenges such as regarding artificial intelligence and cloud computing more broadly. It is essential to anticipate and address such challenges through close cooperation, leveraging our respective experiences for the benefit of consumers and businesses on both sides of the Atlantic,” said Margrethe Vestager, European Commission Executive Vice-President in charge of competition policy.

The dialogue focused on rapidly evolving technologies in the digital sector, such as artificial intelligence and cloud, ensuring that merger enforcement accounts for the realities of the modern digital economy, and recent developments regarding enforcement involving technology platforms, among other topics.

The US and European Commission also discussed the evolving business strategies of big tech companies, including the recent investments and partnerships between major cloud providers and AI providers, as well as their implications for enforcement.

The three authorities have agreed on the importance of continuing their close collaboration in the framework of the TCPD to ensure fair competition in the technology sector. The TCPD will continue with high-level meetings, as well as regular discussions at a more technical level.

The Federal Trade Commission works with counterpart agencies to promote sound antitrust, consumer protection, and data privacy enforcement and policy.  The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. For the latest news and resources, follow the FTC on social media, subscribe to press releases and subscribe to the FTC International Monthly.

Contact Information

Media Contact

Victoria Graham 

Office of Public Affairs

415-848-5121

Commission approves Illumina’s plan to unwind its completed acquisition of GRAIL

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Today, the European Commission has approved, under the EU Merger Regulation (‘EUMR’), Illumina‘s plan to divest GRAIL following the restorative measures requiring Illumina to unwind its completed acquisition of GRAIL, which the Commission adopted in October 2023.

In September 2022, the Commission prohibited the acquisition of GRAIL by Illumina over concerns that it would have stifled innovation and reduced choice in the emerging market for blood-based early cancer detection tests. Illumina and GRAIL unlawfully completed the merger during the Commission’s in-depth investigation, in breach of EU merger control rules. In July 2023, the Commission fined both companies for this infringement. In October 2023, it adopted restorative measures requiring  Illumina to divest GRAIL in order to restore the competitive situation prevailing before the completion of the transaction. The restorative measures required Illumina to submit a divestment plan for the disposal of GRAIL to the Commission for approval.

The decision approving the divestment plan

With today’s decision, the Commission has approved the divestment plan submitted by Illumina for the disposal of GRAIL. In line with the restorative measures, the divestment plan foresees that Illumina can select the appropriate divestment method (either via a trade sale or a capital markets transaction). The Commission found that the plan, including the optionality between different divestment methods, met all the conditions set out in its decision imposing restorative measures on Illumina and GRAIL. In particular:

• GRAIL’s independence from Illumina would be restored to the same level enjoyed by GRAIL prior to the acquisition. Restoring GRAIL’s independence will remove the possible harm to competition resulting from Illumina’s ability and incentive to delay or disadvantage GRAIL’s rivals.
• The divestment plan ensures that GRAIL will be able to continue to operate as a viable and competitive business after the divestment as it was before Illumina’s acquisition. This will ensure that the innovation race between GRAIL and its rivals can continue in conditions similar to those in place before the transaction.
• The divestment options set out in the divestment plan are capable of being exercised in a timely manner, within strict deadlines and with sufficient certainty, so that the pre-transaction situation can be promptly restored.

Therefore, the Commission decided to approve Illumina’s divestment plan.

The divestment plan does not affect the transitional measures that Illumina and GRAIL need to comply with until Illumina has dissolved the transaction, as ordered by the Commission in its decision of October 2023, and confirms their applicability until the disposal is finalised. Such measures will ensure that Illumina and GRAIL continue to be held separate until the transaction is completely unwound in order to prevent further integration of GRAIL into Illumina’s business and subsequently irreparable harm to competition.

Companies and products

Illumina, headquartered in the US, is a global genomics company, which develops, manufactures and commercialises next generation sequencing (‘NGS’) systems, including sequencing instruments, consumables and related services. Illumina’s NGS systems are medical devices used in a variety of applications, including by customers in the oncology space that develop and run blood-based tests that can detect cancer or select appropriate therapies for cancer patients.

GRAIL, also headquartered in the US, is a healthcare company developing blood-based cancer tests based on genomic sequencing and data science tools. GRAIL’s flagship product is “Galleri”, an early multi-cancer detection test, whose purpose is to detect cancers in asymptomatic patients from a blood sample. In April 2021, GRAIL initiated a limited commercialisation of Galleri in the US. GRAIL has two additional pipeline products: (i) a diagnostic aid for cancer testing used to confirm a diagnosis of cancer in symptomatic patients, and (ii) a minimal residual disease test, to detect potential relapse in patients after cancer treatments. GRAIL was founded by Illumina in 2016, and was spun off later in the same year.

Background

The Illumina/GRAIL merger case

Following a referral request from six Member States, on 19 April 2021 the Commission accepted to review the proposed acquisition of GRAIL by Illumina and opened an in-depth investigation on 22 July 2021. On 13 July 2022, the General Court confirmed the Commission’s jurisdiction to review the transaction.

While the Commission’s in-depth investigation was still ongoing, Illumina publicly announced that it had completed its acquisition of GRAIL. As a result, on 29 October 2021, the Commission adopted interim measures to ensure that Illumina and GRAIL would remain separate pending the outcome of the Commission’s merger investigation.

On 6 September 2022, the Commission prohibited the implemented acquisition of GRAIL by Illumina over concerns that the merger would have stifled innovation and reduced choice in the emerging market for blood-based early cancer detection tests. Following the prohibition decision, the Commission renewed and adjusted the interim measures on 28 October 2022.

On 5 December 2022, the Commission sent a Statement of Objections to Illumina and GRAIL outlining the restorative measures it intended to adopt.

Furthermore, on 12 July 2023, the Commission fined Illumina and GRAIL €432 million and €1,000 respectively, for implementing their proposed merger before approval by the Commission, in breach of EU merger control rules.

Finally, on 12 October 2023 the Commission adopted restorative measures that order i) Illumina to divest GRAIL and restore the situation prevailing before the completion of the acquisition, and (ii)transitional measures that Illumina and GRAIL need to comply with until Illumina has dissolved the transaction.

Procedural background

The obligation not to implement a notifiable transaction either before its notification or before it has been declared compatible with the common market is laid down in Article 7(1) of the EU Merger Regulation. This standstill obligation prevents potentially irreparable negative impact of transactions on the market, as well as possible irreversible integration of merging parties, pending the outcome of the Commission’s merger investigations.

Compliance with the standstill obligation is essential for legal certainty, enables the Commission to conduct a correct analysis of the impact of mergers in the market and prevents the potentially detrimental impact of transactions on the competitive structure of the market. In this way, market forces work for the benefit of consumers. In cases where the standstill obligation has not been respected, and the Commission subsequently decides to prohibit the merger, it is necessary to adopt measures restore the situation pre-transaction.

Article 8(4)(a) of the EU Merger Regulation authorises the Commission to take appropriate restorative measures to restore the situation prevailing prior to the implementation of the concentration where the Commission finds that a concentration has already been implemented and that concentration has been declared incompatible with the internal market.

In case of non-compliance with the restorative measures, the Commission can impose periodic penalty payments of up to 5% of the average daily aggregate turnover of the company under Article 15 EUMR. Moreover, companies failing to comply with the restorative measures can be fined up to 10% of their annual worldwide turnover under Article 14 of the EU Merger Regulation.

More information will be available on the Commission’s competition website, in the Commission’s public register under the case number M.10939.

Quote(s)

Systèmes de notation : l’Autorité lance une consultation publique jusqu’au 15 mai dans le cadre de la préparation d’un avis

Publié le 12 avril 2024 Imprimer la page

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En février dernier, l’Autorité de la concurrence a décidé de s’autosaisir pour avis afin d’analyser le fonctionnement concurrentiel du secteur des systèmes de notation visant à informer les consommateurs sur les caractéristiques liées au développement durable des produits et services de consommation.

Dans le cadre de l’instruction de cet avis, l’Autorité de la concurrence lance une consultation publique afin de recueillir les observations des parties prenantes.

Ces dernières sont invitées à répondre aux questions formulées par l’Autorité avant le 15 mai 2024  à avis.notation@autoritedelaconcurrence.fr

COMMUNIQUÉ DE PRESSE DU 12 AVRIL 2024

Systèmes de notation : l’Autorité lance une consultation publique jusqu’au 15 mai dans le cadre de la préparation d’un avis

Lire le communiqué

Decisões

CMA

Vodafone / CK Hutchison JV merger inquiry

• • 12 April 2024
  • Competition and Markets Authority case

TGS/PGS UK merger inquiry

• • 12 April 2024
  • Competition and Markets Authority case

Comissão Europeia

WORXINVEST / GIMV

Merger

M.11450

Last decision date:12.04.2024Simplified procedure

Ingressos na semana

CADE

Ato de Concentração Sumário N° 08700.002204/2024-85

Maharo Investment Pte. Ltd.
Grupo Salta Educação S.A.

04/04/2024

Ato de Concentração Sumário N° 08700.002196/2024-77

Brasif S.A. Exportação Importação
Maxum Máquinas e Equipamentos Ltda.

04/04/2024

Ato de Concentração Sumário N° 08700.002147/2024-34

Doskocil Manufacturing Co., Inc.
Silver Point Capital, L.P.
Platinum Equity Advisors, LLC

02/04/2024

Ato de Concentração Sumário N° 08700.002124/2024-20

AgroSB Agropecuária S.A.
Terras Ouro Verde Ltda.
Operações Agrícolas Ouro Verde Ltda.

02/04/2024

Comissão Europeia

STONEPEAK / ORSTED / OONA ENERGY

Merger

M.11534

Last decision date: none Super simplified procedure

Ongoing

Investigation phase:1

ARAMCO DIGITAL / LTIMINDTREE / JV

Merger

M.11508

Last decision date: none Super simplified procedure

Ongoing

Investigation phase:1

BAYWA / NUFRI / NUBA BERRIES JV

Merger

M.11492

Last decision date: none Simplified procedure

Ongoing

Investigation phase: 1

GUNVOR / EVE / BBE

Merger

M.11478

Last decision date: none Simplified procedure

Ongoing

Investigation phase:1

NIPPON STEEL / UNITED STATES STEEL

Merger

M.11476

Last decision date: none Simplified procedure

Ongoing

Investigation phase:1

VOLVO / WESTPORT / JV

Merger

M.11387

Last decision date:noneSimplified procedure

Ongoing

Investigation phase:1

Autorité de la Concurrence