On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.
UK Government Confirms Plans for Digital Markets Regulatory Regime
Updated on May 10, 2022
The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022.
The Italian Competition Authority Fines Ferry Operator For Excessive Pricing
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”).
The French Competition Authority Applies the “Failing Firm” Defense for the First Time
On April 28, 2022, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of home furnishing retailer Conforama
Italian Supreme Court Ruling on Follow-on Action Regarding Telecom Italia’s Alleged Abuse on the Market for Wholesale Termination Services
On April 26, 2022, the Italian Supreme Court confirmed a judgment of the Milan Court of Appeal, which had upheld the damages claim brought by Teleunit S.p.A. (“Teleunit”) against Telecom Italia S.p.A. (“Tim”)[1].
The First Chinese Court Decision on Antitrust Issues In Labor Markets
Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on agreements between employers not to recruit or solicit each other’s employees—so-called “no poach” agreements. In a recent decision, a court in China held no‑poach and employee compensation-fixing agreements to be illegal, the first such court decision in the country. The court’s decision, however, reveals the difficulties in analyzing no-poach agreements within China’s existing antitrust regime and analytical framework. This article provides an overview of the Chinese court’s reasoning in its recent decision and a comparative assessment to the approach in the United States.
The French Competition Authority Fines Cofepp for Failure To Notify and Gun-jumping
On April 12, 2022, the French Competition Authority (“FCA”) fined Compagnie Financière Européenne de Prises de Participation (“COFEPP”) 7 million euros for two distinct but related infringements, namely failing to notify a merger transaction (failure to notify) and implementing said transaction before merger control approval had been obtained (so-called “gun-jumping”).
TAR Lazio Annuls ICA Decision Fining Telecom Italia €3.7 Million for Alleged Abuse of Dominance
On April 11, 2022,[1] the TAR Lazio annulled an ICA decision finding that Telecom Italia S.p.A. (“Tim”) had infringed Article 102 TFEU for allegedly abusing its dominant position in the market for Short Message Service (“SMS”) termination (the “Decision”).[2] The Court followed the same reasoning as that set out in its September 2021 judgment, in which it overturned the €5.7 million fine imposed by the ICA on Vodafone Italia S.p.A. (“Vodafone”) in a parallel decision.
CMA Seeks Comments on Draft Guidance for Vertical Agreements Block Exemption Order
The UK Competition and Markets Authority (the “CMA”) is consulting on its draft guidance (“Draft Guidance”) for its proposed Vertical Agreements Block Exemption Order (“VABEO”). It invites comments by May 5, 2022.
Getting the Deal Through: Dominance 2022
Cleary Gottlieb lawyers have authored and edited Lexology’s Getting the Deal Through Dominance guide 2022, which addresses the most relevant questions on dominance and market power.