On September 13, 2022, the ICA accepted the commitments offered by Consorzio Polieco (“Polieco”), the consortium for the
The Ica Accepts Commitments in Relation To Alleged Abuse by POLIECO in Polyethylene Recycling
On September 13, 2022, the ICA closed an investigation into an alleged abuse of dominance in the domestic market for the management of the recycling of polyethylene (“PE”) goods by the POLIECO consortium (“POLIECO”), the incumbent operator for end-of-life management of PE goods on behalf of producers and users, by accepting and making binding the commitments offered by POLIECO.[1]
The Saga Continues: Commission Block Illumina/GRAIL In Landmark Decision
On September 6, 2022, the Commission prohibited the acquisition by Illumina, a U.S.-based company specializing in genomic sequencing, of GRAIL, a U.S.-based start-up developing early cancer detection tests based on genomic sequencing.[1] The decision marks the first Commission review and prohibition of a transaction falling below the EU Merger Regulation (“EUMR”) and national notification thresholds.
The Commission Publishes An External Study On Parity Clauses
On August 26, 2022, the Commission published the results of an external market study on the distribution practices of hotels in the EU, with a particular focus on parity clauses.[1] The study was conducted in 2021, after several years of close scrutiny by national competition authorities,[2] as well as the introduction of national legislation restricting the use of such clauses in several Member States.[3]
Commission Publishes The Infringement Decision In Video Games For Geo-Blocking
Commission Publishes The Infringement Decision In Video Games For Geo-Blocking
On August 23, 2022, the Commission published its full decision in Video Games, fining Valve (the owner of the online PC gaming platform Steam) and five PC video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media, and ZeniMax) a total of €7.8 million for restricting cross-border sales of PC video games.[1] The Commission found that the agreement between Valve and the video game publishers, which prevented gamers from activating certain PC videogames purchased in eight Member States where prices are generally lower than in other Member States (so-called “geo-blocking”), breached Article 101 TFEU.
Antitrust Review Episode 2: Vestager’s Second Term in Review
In the second episode of Cleary Gottlieb’s Antitrust Review podcast, a panel of Cleary Gottlieb partners discuss the achievements to
Chambers Merger Control 2022 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
The Dominance and Monopolies Review – 10th Edition
Cleary Gottlieb partners Matteo Beretta, Frédéric de Bure, Maurits Dolmans, Paul Gilbert, Francisco Enrique González-Díaz, Thomas Graf, Henry Mostyn, Romina
Antitrust Review Episode 1: In Conversation With Andrea Coscelli
Welcome to Cleary Gottlieb’s Antitrust Review – a podcast focused on antitrust enforcement, policy and practice.
In a complex and
Advocate General Rantos (Case C-680/20 Unilever): “Intel” Principle Applies to All Article 102 Abuses
On July 14, 2022, Advocate General Rantos delivered his opinion in Unilever on two important questions referred to the Court of Justice:[1] (i) whether companies linked by contractual ties could constitute a “single economic unit”; and (ii) whether the Court of Justice’s ruling in Intel, that antitrust agencies must examine evidence put forward by the defendant that conduct is not capable of foreclosing equally efficient competitors, applies to practices beyond the exclusivity rebates considered in Intel.[2]