On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP. Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition.
Beatriz Martos Stevenson
Mondelēz Fined €337.5 Million For Breaching EU Antitrust Rules Through Cross-Border Restrictions
U.S. based snacks company, Mondelēz, has been found to have engaged in 22 anti-competitive agreements or concerted practices by the Commission. The Commission also found that Mondelēz abused its dominant position in the market for the sale of certain types of chocolate bars in several countries. After a three-year investigation during which Mondelez followed the cooperation process, they have agreed to settle the investigation, with the Commission announcing a €337.5 million fine for hindering cross-border trade of chocolates, biscuits, and coffee products between Member States, in violation of EU competition rules.
Turning up the Heat: the Commission’s Interest in Labor Markets
On May 3, 2024, the European Commission (“Commission”) published a Policy Brief (“Brief”) on antitrust in labor markets. The Brief reflects the Commission’s growing interest in restrictive labor market agreements, in particular wage-fixing and no-poach agreements.[1]
Advocate General Szpunar finds FIFA rules on transfer of players contrary to Articles 101 and 45 TFEU
On April 30, 2024, Advocate General Szpunar delivered his opinion recommending the Court of Justice to respond to the Court of Appeal of Mons (Belgium) that rules of the Fédération Internationale de Football Association (“FIFA”) restricting the transfer of players among football clubs are contrary to Article 101 and Article 45 TFEU.[1]
Commission v. Ireland and Others (Case C-465/20 P): Opinion of Advocate General Pitruzzella
On November 9, 2023, Advocate General Pitruzzella delivered his Opinion,[1] proposing that the Court of Justice uphold the appeal brought by the European Commission (“Commission”)[2] against the General Court judgment of July 15, 2020,[3] which annulled the Commission decision of August 30, 2016, finding that the Republic of Ireland (“Ireland”) had granted €13 billion in undue tax benefits to Apple Inc (“Apple”).[4] The Commission had found that Ireland granted a selective advantage to Apple through two individual tax decisions (“tax rulings”[5]) adopted in 1991 and 2007, addressed to the Irish-based subsidiaries, Apple Sales International (“ASI”), and Apple Operations Europe (“AOE”) (together, “the Irish branches”). As AG Pitruzzella pointed out, this case is part of a “series of somewhat extensive cases concerning the application of Article 107(1) TFEU to tax rulings.”[6]