Apresentação
Este é um informativo diário que traz para o(a) leitor (a) notícias e casos de defesa da concorrência das principais jurisdições antitruste do mundo (CADE, FTC, Comissão Europeia, CMA etc)
Notícias
Commission publishes findings of evaluation of the EU competition rules on technology transfer agreements
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The European Commission has today published a Staff Working Document (‘SWD’) that summarises the findings of its evaluation of the Technology Transfer Block Exemption Regulation (‘TTBER’) and the accompanying Guidelines on the application of Article 101 of the Treaty to technology transfer agreements (‘Guidelines’).
The aim of the evaluation was to gather evidence on the functioning of the TTBER and of the accompanying Guidelines, for the Commission to determine whether it should let the rules expire, prolong their duration or revise them. In view of the findings of the evaluation, the Commission will now launch an impact assessment to examine policy options for a revision of the rules.
In November 2022, the Commission launched the review of the TTBER, which will expire on 30 April 2026, and of the accompanying Guidelines. During the evaluation, the Commission gathered evidence to understand how the rules have functioned since their adoption in 2014. This evidence includes feedback from a public consultation and a stakeholder workshop. The Commission also commissioned an external evaluation support study. The final report of the support study and the summary of the stakeholder workshop have also been published today.
Main findings of the evaluation
The evaluation has shown the following:
- The TTBER and the Guidelines have been largely successful in ensuring the effective, efficient and uniform application of EU competition rules to technology transfer agreements. They have assisted companies in self-assessing the compliance of their technology transfer agreements with EU competition rules.
- The objectives of the TTBER and the Guidelines remain relevant, namely to block-exempt only pro-competitive technology transfer agreements and to provide legal certainty for companies wishing to enter into such agreements.
The evaluation also shows that the TTBER and the Guidelines could be improved in certain areas to increase legal certainty and reflect recent market developments. These include the following:
- Some stakeholders identified practical difficulties in applying one of the two market share thresholds contained in the TTBER, namely the threshold for technology markets. Technology markets consist of the licensed technology right(s) and other technologies that are regarded as interchangeable by licensees.
- Stakeholders also suggested broadening the scope of the TTBER to cover the licensing of data or data rights, which have a growing importance in the digital economy, and/or providing guidance on this issue in the Guidelines.
- The safe harbour provided in the Guidelines for technology pools has generally worked well. It sets out the conditions that, if met, usually ensure that the pool does not breach EU competition rules. However, some stakeholders consider that these conditions do not always guarantee that only compliant pools benefit from the safe harbour.
- Some stakeholders consider that the Commission should provide guidance on the competition law assessment of licensing negotiation groups, namely groups of technology implementers who negotiate technology licences together.
Next steps
The Commission will now launch the impact assessment phase of the review to look into the issues identified during the evaluation with a view to having revised rules in place by the date when the current rules will expire.
Stakeholders will have the possibility to comment on the call for evidence and to provide their views in the context of a public consultation, which is currently planned for December 2024.
Background
Article 101(1) of the Treaty on the Functioning of the European Union (‘TFEU’) prohibits agreements between companies that restrict competition. However, under Article 101(3) of the TFEU, such agreements can be declared compatible with the Single Market, provided they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefits without eliminating competition.
The TTBER exempts certain categories of technology transfer agreements from the prohibition of anti-competitive agreements laid down in Article 101(1) of the TFEU, with the aim of strengthening the incentives for research and development, facilitating the diffusion of technologies and promoting competition. Technology transfer agreements are agreements by which one firm authorises another one to use certain technology rights, such as patents, design rights or software copyrights, for the production of goods or services. These agreements are, in general, pro-competitive, as they facilitate the diffusion of technology and incentivise research and development. However, some technology transfer agreements, or restrictions in such agreements, can also have negative effects on competition.
The TTBER aims to provide legal certainty to companies that wish to enter into technology transfer agreements, while ensuring that competition is protected. The Guidelines provide guidance on the application of the TTBER and on the individual assessment under Article 101 of the TFEU of technology transfer agreements that fall outside the block exemption.
For more information
More information is available on the Commission’s competition website, on the dedicated TTBER and Guidelines review webpage.
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Justice Department’s Procurement Collusion Strike Force Commemorates Fifth Anniversary with Law Enforcement Partners
Friday, November 22, 2024Share 
For Immediate Release
Office of Public Affairs
Yesterday, the Justice Department’s Antitrust Division and Procurement Collusion Strike Force (PCSF) commemorated the PCSF’s fifth anniversary in Washington with a celebration involving law enforcement partners and key stakeholders from across the government. Assistant Attorney General (AAG) Jonathan Kanter, PCSF Director Daniel Glad and other department officials were joined by representatives from among the PSCF’s 12 national law enforcement partners and 25 U.S. Attorneys’ Offices and other key stakeholders from the law enforcement and oversight community.
The PCSF fifth anniversary event featured remarks from AAG Kanter, who noted the PCSF’s growing impact and the importance of criminal antitrust enforcement. Director Glad offered welcome remarks recounting the PCSF’s history, mission and future. Department of Interior Inspector General and Council of the Inspectors General on Integrity and Efficiency Chair Mark Greenblatt highlighted the effectiveness of the PCSF’s collaborative model and that, even in light of its substantial gains over the last five years, more of the PCSF’s work is needed to combat the growing risks in contract and grant oversight.
The anniversary featured several panels composed of PCSF partner agency representation. Acting Department of Commerce Inspector General Jill Baisinger and U.S. Postal Service Inspector General Tammy Hull discussed present and near-future procurement oversight threats that their agencies are facing, and the mitigation tools they have deployed to address those threats. Expert panelists from Department of Defense Office of Inspector General (OIG) and the U.S. Agency for International Development OIG discussed global and international considerations. The anniversary concluded with a panel discussion featuring expert panelists from the Department of Transportation OIG, General Services Administration OIG and Environmental Protection Agency OIG, who discussed data, analytics and collaboration driving future PCSF enforcement efforts.
The PCSF is the Justice Department’s coordinated, joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact procurement, grant and program funding at all levels of government — federal, state and local.
Since its inception in November 2019, the PCSF has opened more than 145 criminal investigations and trained more than 39,000 people. In that time, the PCSF and Antitrust Division have obtained over 60 guilty pleas and trial convictions and have investigated and prosecuted over 85 companies and individuals involving over $575 million worth of government contracts and contract kickbacks.
AAG Kanter’s remarks can be viewed here.
Director Glad’s remarks can be viewed here.
Chair Greenblatt’s remarks can be viewed here.
Commission clears JD Sports acquisition of Courir subject to conditions
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The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Groupe Courir SAS (‘Courir’) by JD Sports Fashion Plc Group (‘JD Sports’). The approval is conditional upon full compliance with the commitments offered by the parties.
The Commission’s investigation
The Commission’s investigation showed that the transaction, as initially notified, would have reduced competition in the retail markets for: (i) leisure and performance sports footwear and apparel in Portugal; and (ii) leisure sports footwear in certain local markets in France. The Commission found that the online and offline sales constrain one another and form part of the same relevant market. Competitive pressure from online sales was reflected in the Commission’s assessment of the transaction’s effects at local level.
The Commission found that the transaction would have resulted in high combined market shares as well as high concentration levels in several local markets. The Commission also found that, after the merger, there would not be enough alternative competitors to exert sufficient competitive pressure on the merged entity. This would have led to higher prices and less choice for consumers in the affected markets.
The proposed remedies
To address the Commission’s competition concerns, the parties offered to divest all Courir stores in Portugal and several stores in certain areas of France to Snipes, a direct competitor focusing on the retail supply of leisure sports goods. These commitments fully address the competition concerns identified by the Commission, by ensuring that there will be sufficient competition and choice in the affected markets.
In today’s decision, the Commission has approved Snipes as a suitable purchaser of the divested businesses after finding that it fulfils all the relevant criteria. In a separate procedure, the Commission will approve the terms of sale and assess whether these are in line with the proposed commitments. Pursuant to the latter, JD Sports can only implement the acquisition of Courir following the Commission’s approval.
Following the positive feedback received during the market test, the Commission concluded that the transaction, as modified by the commitments, would no longer raise competition concerns.
The clearance decision is conditional upon full compliance with the commitments. Under the supervision of the Commission, an independent trustee will monitor their implementation.
Companies and products
JD Sports, headquartered in the UK, is a sports goods retailer, focused on sports apparel and footwear. It operates worldwide under various retail banners (both online and via over 3,300 physical stores) and has a limited wholesale business. It is ultimately owned by Pentland Group Holdings Limited.
Courir, headquartered in France, is active in the retail supply of sportswear, including footwear, apparel, and accessories. In Europe, Courir operates over 300 stores, located in Belgium, Denmark, France, Luxembourg, the Netherlands, Portugal and Spain. It also sells online in all EU countries except for Malta. It is ultimately owned by Equistone.
For More Information
The transaction was first notified to the Commission on 21 June 2024, but the parties withdrew their notification on 7 August 2024. The parties renotified the transaction to the Commission on 3 September 2024.
The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the EU Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the European Economic Area or any substantial part of it.
The vast majority of notified mergers do not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has a total of 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II). If commitments are proposed in Phase I, the Commission has 10 additional working days, bringing the total duration of a Phase I case to 35 working days, such as in this case.
More information will be available on the Commission’s competition website, in the public case register under the case number M.11159.
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Indumape notifica a aquisição do controlo exclusivo sobre a GL International Food.
Ficha do processo
La CNDC participó del taller internacional sobre economía del derecho de la competencia
Fue organizado por el Centro Regional para la Competencia en América Latina de la OCDE y el INDECOPI de Perú
22 de noviembre de 2024
El Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI) del Perú, en coordinación con el Centro Regional para la Competencia en América Latina (RCC, por sus siglas en inglés) de la Organización para la Cooperación y Desarrollo Económicos (OCDE) organizó el taller sobre “Economía del Derecho de la Competencia”, que se llevó a cabo en la ciudad de Lima, Perú, entre los días 20 y 22 de noviembre de 2024.
En esta ocasión, el taller se enfocó en fundamentos económicos para el derecho de la competencia, economía de los mercados digitales y cuantificación de los beneficios de la competencia. El encuentro fue inaugurado por Alberto Villanueva Eslava, actual Presidente del INDECOPI, y por el experto senior en competencia de la OCDE, Paulo Burnier.
Micaela Pérez Moreno, Directora de Análisis de Fusiones y Adquisiciones de la Comisión Nacional de Defensa de la Competencia (CNDC), representó a la autoridad argentina en el encuentro al que asistieron profesionales de las agencias de competencia de Brasil, Chile, Perú y Estados Unidos, entre otras jurisdicciones.
Atos de concentração – Decisões
CADE
Ato de Concentração nº 08700.008310/2024-72
Requerentes: RFM-E Ltda., NM Júnior Participações Ltda. e Lampes Empreendimentos Imobiliários Ltda. Ato de concentração.
Ato de Concentração nº 08700.009188/2024-51
Partes: Mutares SE & Co. KGaA e Buderus Edelstahl GmbH. Aprovação sem restrições.
Ato de Concentração nº 08700.008975/2024-86
Requerentes: Futura Venture Capital Participações Ltda., Fundo de Investimentos em Participações Multiestratégia Milão, Oliveira Energia S.A. e Amazonas Distribuidora de Energia S.A. Aprovação sem restrições.
Comissão Europeia
APHEON / LFPI / ECH
Merger
Last decision date: 22.11.2024 Super simplified procedure
CDPQ / ENGIE / FHH
Merger
Last decision date: 22.11.2024 Super simplified procedure
CMA
Mobile browsers and cloud gaming
- The CMA is carrying out a market investigation in respect of the supply of mobile browsers and browser engines, and the distribution of cloud gaming services through app stores on mobile devices in the UK.
- Updated: 22 November 2024
Spreadex / Sporting Index merger inquiry
- The Competition and Markets Authority (CMA) is investigating the completed acquisition by Spreadex Limited of the B2C business of Sporting Index Limited.
- Updated: 22 November 2024