2024年欧洲中东和非洲地区新兴市场反垄断和竞争趋势

Key Antitrust and Competition Trendsfor Emerging Markets in EMEA 2024 Wednesday, 10 July 2024 Agenda Speakers David MonnierPartner Fiona CarlinPartner +32 2 6393 613fiona.carlin@bakermckenzie.com Hakan OzgokcenPartner Keltoum BoudribilaPartner +966 11 265 8928david.monnier@bakermckenzie.com +212 522 77 95 99keltoum.boudribila@bakermckenzie.com+90 212 376 64 77hakan.ozgokcen@esin.av.tr Angelo TzarevskiPartner Lerisha NaiduPartner Mohamed ElFarCounsel+1 416 865 6996mohamed.elfar@bakermckenzie.com +27 11 911 4323lerisha.naidu@bakermckenzie.com +27 11 911 4316angelo.tzarevski@bakermckenzie.com Key Enforcement Updates Turkey Fines imposed in 80 full-fledged investigations wrapped up in 2023 ◼Top three sectors are(i)chemical products,(ii)food and(iii)machine industry◼Total fine amount is approx. EUR 74,013,849 A total of 145 TCB decisions in pre-investigations and full-fledged ◼68 cases settled with theTCB:◼Most cases concern RPM allegations◼Cartels comes second and other non-cartel offenses come third◼Overall, 21 decisions concern anti-competitive agreements, 18 concern abuse of dominanceclaims and 6 concern both matters ◼831 dawn raid authorizations in 2022, which marks a 65% increase since 2020(2023 data is yet unavailable). Turkey ◼Digital markets under scrutiny ◼DMA like legislation underway◼Fining decisions on Google (i.e., self-preferencing), Meta (i.e., anti-competitive data combination) for failing to comply with the authority's ◼Sector inquiry on online advertising◼Alibaba's local online retail brand Trendyol and Amazon are investigated for Egypt ◼The ECA has increased its enforcement level significantly. Before 2021 theaverage number of cases was around 5 violation cases per year. in 2023 therewere 27 violation cases. In April and May 2024 there were 21 violation cases. ◼Most cases are settled before the ECA. ◼Increasing reliance on dawn raids (more than 32 dawn raids in 2023) ◼The ECA has started focusing its enforcement on vertical restraints includingRPM, MFN and restrictions on parallel imports. (e.g., Home Appliances case) ◼More abuse of dominance cases (e.g., school uniform cases have widerimplications). ◼ECA's new approach on exchange of commercially sensitive information. Saudi Arabia and the GCC Saudi Arabia and the GCC ◼Cartels,RPMandbidriggingcarry particularly high enforcement risk◼But alsoabuse of dominancewithexclusivityandother terms of salescases◼The GAC and the CPA have imposed fines for failing to cooperate as part ofinvestigations◼Authorities are relativelynewShiftfrom fixed fines to revenue-based fines-Issues with relevant market South Africa ◼Strong focus on concentrated industries and desire to "de-concentrate"markets. Digital, food and agro-processing sectors under heightened scrutiny◼Increase in market inquiries and interventionist recommendations◼Creative approach by the authority in asserting jurisdiction, including capturingindirect sales cases where conduct took place outside South Africa◼Public interest considerations relevant and cases involving SMEs and entitiesowned by historically disadvantaged persons scrutinised closely Morocco Enhanced regulatory framework ◼Modernized notification thresholds: increased turnover thresholds (moroccanthreshold to MAD 400 million and global requirements) ensure focus onsignificant transactions. New filing fees: implementation of a structured fee system for merger ◼Active enforcement: ◼Strict penalties for non-compliance: themcc'simposition of fines for gun-jumping and other violations underscores the importance of compliance with ◼Proactive investigations: reopened investigations into anti-competitivepractices indicate a vigilant approach to maintaining market fairness and Morocco Regional integration ◼Strengthened regional collaboration: themcc'sactive participation in thearabcompetition network fosters harmonized regulatory practices across the middleeast and northafrica. ◼Leadership role: leading the merger control working group within the networkpositionsmoroccoas a key player in regional competition policy development. Strategic implications for businesses ◼Compliance is crucial: firms must ensure they met the updated thresholds andnotification requirements to avoid significant fines and delays. ◼Expedited review options: while costly, expedited reviews can offer quickerclearances for critical transactions, enabling businesses to proceed with Merger Control Developments Egypt New mandatory and suspensory merger control regime has entered into force Jurisdictional thresholds; 1.If the combined turnover or value of assets whichever is higher of theparties in Egypt exceeds EGP 900 million and the turnover of each of at 2.If the global combined turnover or value of assets whichever is higher ofthe parties exceeds EGP 7.5 billion and one of the parties to thetransaction has turnover in Egypt that exceeds EGP 200 million. ◼All transactions meeting certain turnover or value of asse