Intelligence

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con

The inaugural ECOWAS Regional Competition Authority conference in Banjul brought together African regulators to discuss critical challenges in competition law enforcement, including inter-agency cooperation, merger control filing fees, and the complexities of reviewing transactions in emerging sectors. What insights emerged from this landmark gathering about the future of antitrust regulation across the continent?

Blakes' Competition and Foreign Investment groups provide a comprehensive overview of recent developments in Canadian competition law and foreign investment, including the Competition Bureau's activities, merger reviews, and key regulatory updates. The newsletter highlights significant enforcement actions, including the Bureau's challenge to Nortera Food Inc.'s proposed acquisition and the federal government's national security reviews of foreign investments.

The EU General Court's landmark judgment in Booking Holdings v Commission marks a pivotal shift in merger control enforcement, validating the European Commission's authority to block conglomerate mergers based on ecosystem strengthening and market contestability concerns. This decision establishes that even marginal market share increases in adjacent markets can justify prohibition when they entrench dominance and reduce competitive dynamics.

The 2025 East African Community Competition Act introduces expanded public interest considerations into merger control assessments, requiring the EAC Competition Authority to weigh factors beyond pure competition analysis. This development reflects broader African trends in regional competition regimes, raising questions about how public interest concerns interact with traditional antitrust evaluation and when they may override competition-focused findings.

The UK's Financial Conduct Authority issued a commitment decision involving 11 commodity futures traders, raising critical questions about when traders constitute separate undertakings under competition law and whether UK-based activity on predominantly non-UK exchanges falls within UK competition jurisdiction. The decision highlights significant risks for businesses operating in grey areas of competition law enforcement, particularly regarding trader independence and territorial scope.