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 opens in-depth investigation into the proposed acquisition of Dorna Sports by Liberty Media
The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Dorna Sports by Liberty Media. The Commission has preliminary concerns that the transaction could lead to higher prices for the licensing of broadcasting rights for motorsports events hosted by both parties.
Liberty Media and Dorna Sports are both international media companies. Liberty owns the Formula One Group and holds the exclusive commercial rights for the FIA Formula One World Championship. Dorna Sports holds exclusive commercial rights for the FIM World Championship Grand Prix (‘MotoGP’) as well as other motorcycle racing championships.
The Commission’s preliminary concerns
The Commission’s preliminary investigation indicates that the transaction may reduce competition between Liberty Media and Dorna Sports in the licensing of broadcasting rights for motorsports content. In particular, the transaction may remove important competitive constraints on Liberty Media and Dorna Sports, which may strengthen their position vis-à-vis broadcasters of motorsports content and could ultimately lead to higher prices.
More specifically, the Commission found that:
- The transaction raises serious competition concerns in potential narrow national markets for the licensing of broadcasting rights for motorsports content in the European Economic Area (‘EEA’), where Formula One is the clear market leader in all European countries and MotoGP is most often its only competitor.
- The transaction may remove important competitive constraints between the parties on some potential wider national markets for the licensing of broadcasting rights for all sports content or possible segments of such markets. In particular, this is because it appears that Formula One and MotoGP compete closely.
The Commission will now carry out an in-depth investigation into the effects of the proposed transaction to determine whether its initial competition concerns are confirmed.
During its in-depth investigation, the Commission will also further investigate whether Liberty Media’s and Liberty Global’s largest shareholder, Mr. John Malone, is able to exert decisive influence over both companies. If confirmed, the transaction could also give rise to concerns that Liberty Media may foreclose rival broadcasters in countries in which Liberty Global is active, namely in Belgium, Ireland and the Netherlands.
The proposed transaction was notified to the Commission on 14 November 2024. The Commission now has 90 working days, until 14 May 2025, to take a decision.
The opening of an in-depth inquiry does not prejudge the outcome of the investigation.
Companies and products
Liberty Media, headquartered in the US, operates and owns interests in a broad range of media, sports and entertainment businesses. Those businesses are attributed to two groups: the Formula One Group and the Liberty Live Group.
Dorna Sports, headquartered in Spain, is active in sports management, marketing and media. In particular, Dorna Sports is the organiser and the holder of exclusive commercial and television rights of the MotoGP since 1992.
Merger control rules and procedures
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 EEA or a 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 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II).
There are currently no other ongoing Phase II merger investigations.
More information will be available on the Commission’s competition website, in the public case register under the case number M.11539.
Digital Markets Unit and the Digital Markets Competition Regime
The CMA promotes competition and innovation within digital markets.
From: Competition and Markets Authority
Published7 April 2021Last updated19 December 2024 — See all updates
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Contents
- Digital Markets competition regime
- Merger reporting requirements for SMS firms
- Memorandums of understanding
- Consultations
- News and updates
- Our work in digital markets
The Competition and Markets Authority (CMA) will oversee the Digital Markets Competition Regime (DMCR) for the most powerful digital firms, promoting greater competition and innovation in these markets and protecting consumers and businesses from unfair practices.
About the Digital Markets, Competition and Consumers Act 2024
The Digital Markets, Competition and Consumers (DMCC) Act granted the CMA with powers to enforce the new digital markets competition regime.
The regime applies only to those firms who are designated as having strategic market status (SMS) in relation to a digital activity linked to the UK. To be designated, a firm must have substantial and entrenched market power and a position of strategic significance in that digital activity , as well as having a global turnover exceeding £25 billion, or a UK turnover exceeding £1 billion.
Designations are reviewed a minimum of every 5 years.
The regime has 3 pillars:
- conduct requirements that set out how firms with SMS are expected to behave in relation to the relevant activity
- pro-competition interventions to address adverse effects on competition
- merger reporting requirements, so that SMS firms will have to report mergers with a value of at least £25m, and UK connection, to the CMA
Request a DMU speaker for your event
Requests for DMU speakers or panellists at events should be submitted using our speaker request form.
Please fill in the form accurately and include as much detail as possible. Complete the form as far in advance as possible ahead of the event.
We can also be contacted at cmaspeakerrequest@cma.gov.uk.
Media enquiries
Any media enquiries should be directed to: press@cma.gov.uk.
Digital Markets competition regime
Guidance and further information about the DMCC regime.
- Digital markets competition regime guidance
- 19 December 2024
- Guidance
- Administrative Penalties: Statement of Policy on the CMA’s Approach (CMA4)
- 19 December 2024
- Guidance
- Overview of the CMA’s provisional approach to implement the new Digital Markets competition regime
- 11 January 2024
- Policy paper
Merger reporting requirements for SMS firms
- Merger reporting requirements for SMS firms
- 19 December 2024
- Guidance
Memorandums of understanding
The memorandums of understanding between the CMA and other organisations set out how we will work together to avoid duplication of effort and share best practice.
- CMA and ICO memorandum of understanding for regulatory coordination
- 19 December 2024
- Corporate report
- Memorandum of understanding between the CMA, the Bank of England and the PRA
- 19 December 2024
- Corporate report
- CMA and FCA memorandum of understanding for regulatory coordination
- 19 December 2024
- Corporate report
- CMA and Ofcom memorandum of understanding for regulatory coordination
- 19 December 2024
- Corporate report
Consultations
The CMA consults on guidance before it is published. All our consultations are on our consultation platform, CMA Connect.
- Consultation on digital markets competition regime guidance
- 19 December 2024
- Consultation outcome
- Updated CMA transparency and disclosure statement, including new overseas investigative assistance guidance
- 19 December 2024
- Consultation outcome
News and updates
- Government unveils proposals to increase competition in UK digital economy
- 20 July 2021
- Press release
Our work in digital markets
The CMA is committed to ensuring that competition works well in digital markets. Some of our investigations, featured here, predate the DMCC Act.
- Cloud services market investigation
- 4 December 2024
- Competition and Markets Authority case
- Investigation into Google’s ‘Privacy Sandbox’ browser changes
- 11 November 2024
- Competition and Markets Authority case
- Online reviews
- 25 June 2021
- Competition and Markets Authority case
- Investigation into suspected anti-competitive conduct by Google
- 21 August 2024
- Competition and Markets Authority case
- Trends in Digital Markets: a CMA horizon scanning report
- 14 December 2023
- Research and analysis
- CMA AI strategic update
- 29 April 2024
- Research and analysis
- AI Foundation Models: Initial report
- 18 September 2023
- Research and analysis
- CMA seeks views on AI partnerships and other arrangements
- 24 April 2024
- Press release
- Microsoft / OpenAI partnership merger inquiry
- 8 December 2023
- Competition and Markets Authority case
- Mobile browsers and cloud gaming
- 22 November 2024
- Competition and Markets Authority case
Updates to this page
Published 7 April 2021
Last updated 19 December 2024 + show all updates
Relevant Cabinet Order and Rules to be Developed with the Partial Enforcement of the Act on Promotion of Competition for Specified Smartphone Software
December 10, 2024
Japan Fair Trade Commission
The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has requested public comments regarding the necessary Cabinet Order and relevant Rules following the partial enforcement (note) of the Act on Promotion of Competition for Specified Smartphone Software (Act No. 58 of 2024) (hereinafter referred to as the “Act”). Today, the Cabinet Order was approved by the Cabinet. The JFTC hereby publishes the final version of the Cabinet Order and relevant Rules through the results of the public comments, as outlined below.
(note) the enforcement of the provisions set forth in Article 1, item (ⅱ) of the Supplementary Provisions of the Act
1.Development of Relevant Cabinet Order and Rules
The JFTC announced the draft version of “Cabinet Order Specifying Business Scale under Article 3, Paragraph (1) of the Act on Promotion of Competition for Specified Smartphone Software,” and “Rules for Enforcement of the Act on Promotion of Competition for Specified Smartphone Software” on October 28, 2024. Public comments were requested from relevant stakeholders until November 26, 2024.
After carefully reviewing the 14 submissions received, the JFTC made partial amendments and legal adjustments to the original drafts. The finalized documents are published as Annex 1-1 and Annex 1-2. Summaries of the submitted comments and the JFTC’s responses are provided in Annex 2.
2. Enforcement Date of Relevant Cabinet Order and Rules
The partial enforcement of the Act will take effect on December 19, 2024. Accordingly, the relevant Cabinet Order and Rules mentioned above will also come into effect on the same date.
The full enforcement of the Act is scheduled on a date specified by Cabinet Order, no later than December 19, 2025. The JFTC will continue its efforts to promote awareness of the Act and to make necessary preparations for its full enforcement.
* This announcement is a tentative translation. Please refer to the original text written in Japanese.
https://www.jftc.go.jp/houdou/pressrelease/2024/dec/241210_smartphone.html
* For more information, please refer to the Statement by the Secretary General at a regular press conference.
https://www.jftc.go.jp/en/about_jftc/index_3_241211.html
PNI Portugal notifica a aquisição do controlo exclusivo sobre a Kozowood Industries
Ficha do processo
AdC adotou uma decisão de inaplicabilidade na operação de concentração 81/2024 – Crest Agro I / Grupo Frutas Lurdes.
Em 18 de dezembro de 2024, o Conselho de Administração da Autoridade da Concorrência, no uso da competência que lhe é conferida pela alínea d) do n.º 1 do artigo 19.º dos Estatutos, aprovados pelo Decreto-Lei n.º 125/2014, de 18 de agosto, delibera adotar uma decisão de inaplicabilidade à operação de concentração, nos termos da alínea a) do n.º 1 do artigo 50.º da Lei da Concorrência, uma vez que a mesma não se encontra abrangida pela obrigação de notificação prévia a que se refere o artigo 37.º deste diploma.
Ficha do processo
AdC adotou uma decisão de não oposição na operação de concentração 83/2024 – Explorer/JASE
Em 18 de dezembro de 2024, o Conselho de Administração da Autoridade da Concorrência, no uso da competência que lhe é conferida pela alínea d) do n.º 1 do artigo 19.º dos Estatutos, aprovados pelo Decreto-Lei n.º 125/2014, de 18 de agosto, delibera adotar uma decisão de não oposição à operação de concentração, nos termos da alínea b) do n.º 1 do artigo 50.º da Lei da Concorrência, uma vez que a mesma não é suscetível de criar entraves significativos à concorrência efetiva no território nacional ou numa parte substancial deste.
Ficha do processo
Atos de concentração – Decisões
CADE
Ato de concentração nº 08700.008319/2024-83
Requerentes: União Química Farmacêutica Nacional S.A. e Bayer AG.
Aprovação sem restrições do presente ato de concentração.
Comissão Europeia
HIG CAPITAL / THOMA BRAVO / CERTAIN COMPTIA ASSETS
Merger
Last decision date: 19.12.2024 Simplified procedure
OEP / ETHOS ENERGY
Merger
Last decision date: 19.12.2024
LIBERTY MEDIA / DORNA SPORTS
Merger
Last decision date: 19.12.2024
Ongoing
Investigation phase: 2
Autorité de la Concurrence
Secteur(s) :
24-DCC-289
relative à la création d’une entreprise commune de plein exercice dénommée Gerlandis par le groupe Carrefour et la famille Lafond
Décision de contrôle des concentrations|
Publication du sens de la décision le : 19 décembre 2024
Secteur(s) :
24-DCC-291
relative à la prise de contrôle exclusif de sept fonds de commerce par la société NDK
Décision de contrôle des concentrations|
Publication du sens de la décision le : 19 décembre 2024
Secteur(s) :
24-DCC-283
relative à la prise de contrôle conjoint des sociétés Greece 10 et Masyl par la société Jamagny aux côtés de la société ITM Entreprises
Décision de contrôle des concentrations|
Publication du sens de la décision le : 19 décembre 2024