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]
Amazon Commitments: Commission Invites Third Parties to “Leave a Review”
On July 14, 2022, the Commission invited comments on Amazon’s proposed commitments, offered under Article 9 of Regulation 1/2003, in two investigations concerning practices that allegedly advantaged its own services on its online marketplace, contrary to Article 102 TFEU. The invitation for comments is open until September 9, 2022.
The Commission Fines Crown and Silgan €31.5 Million for Metal Cans Cartel
On July 12, 2022, the Commission fined metal packaging producers Crown and Silgan €31.5m for breaching Article 101 TFEU by exchanging sensitive information and coordinating their commercial strategies for the sale of metal cans and closures in Germany over a three-year period.[1] The products concerned were metal lids for glass jars, coated with lacquers containing bisphenol A (“BPA”) or BPA-free lacquers and metal cans coated with BPA-free lacquers. These products were predominantly used to package foods, such as vegetables, fruit, meat, and fish.
Lithuanian Railways: Advocate General Rantos Rejects the Essential Facilities Doctrine
On July 7, 2022, Advocate General Rantos delivered his Opinion in Lietuvos geležinkeliai v Commission, Lithuanian Railways’ appeal against a General Court judgment partially upholding a decision by the Commission finding that it had infringed Article 102 TFEU by removing 19 km of train tracks.[1] The Commission concluded that this conduct prevented a major customer from switching to Latvian Railways’ rival transportation services.
The French Competition Authority publishes its annual report for 2021: a record year in terms of number of merger control decisions
On July 6, the French Competition Authority (“FCA”) published its annual report for the year 2021.[1] In particular, the report highlights (i) the key figures of the FCA activity in 2021, (ii) the reinforced investigative powers of the FCA and (iii) the roadmap for 2022-2023.
Commission Proposes to Extend Rules for Motors Sector Vertical Agreements
On July 6, 2022, the European Commission launched a public consultation on its proposal to extend the Motor Vehicle Block Exemption Regulation (“MVBER”), which has been in force since 2010 and is set to expire in May 2023.
The Conseil d’Etat finds that decisions of the French Competition Authority to reject commitments cannot be appealed
On July 1, 2022, the Conseil d’Etat (the French administrative supreme court) ruled[1] that it had no jurisdiction to annul a decision of the French Competition Authority (the “FCA”) rejecting commitments offered by the group Sony (“Sony”) to end competition proceedings and referring the case back for further investigation.[2]
Vestager 2: What’s Going on in EU Antitrust Enforcement
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the