On 19 November 2021, the CAT published a ruling on disclosure in the case of Ryder Limited and another v MAN SE and others, one of several actions being brought against truck manufacturers following the European Commission’s trucks cartel decision. Ryder sought disclosure of an unredacted extract from Iveco’s Statcom system (used to calculate the expected net profitability of each truck sold and to update its finance and accounting system).
Mercury Pharmaceuticals Limited & Others / HG Capital LLP / Cinven (Luxo 1) S.a.r.l. & Others v Competition and Markets Authority
On 18 November 2021, the Competition Appeal Tribunal (CAT) published summaries of three appeals by Mercury Pharmaceutical Limited, HG
The Court Of Justice Urges Latvian Court To Think Twice Before Finding A “By Object” Infringement In The Sector Of Software Distribution
On November 18, 2021, the Court of Justice clarified the framework for assessing anticompetitive agreements between a software developer and its distributors, and ordered a Latvian court to revisit its analysis before adjudicating on the case.[1]
COVID-19, Green And Digital Transition, European Single Market: The Commission Outlines The New Challenges Facing EU Competition Policy
On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.
The ICA Fines Amazon and Apple for Restricting Competition in the Sales of Apple and Beats Products on Amazon Marketplace
On November 16, 2021, the Italian Competition Authority (the “ICA” or the “Authority”) imposed a fine of €134.5 million on Apple Inc. and certain of its subsidiaries (“Apple”) and a fine of €68.7 million on Amazon.com Inc. and certain of its subsidiaries (“Amazon”; together with Apple, the “Parties”) for restricting certain resellers of Apple products, including those of the Apple-owned brand Beats, from accessing the online marketplace of Amazon (“Amazon Marketplace”).[1]
The French Competition Authority Conducts Dawn Raids at Employees’ Homes in the Food Retail Sector
On November 10, 2021, the French Competition Authority (“FCA”) issued a press release[1] indicating that it raided the premises of several companies in the food retail sector suspected of engaging in anticompetitive practices, as well as the homes of some employees.
Google Shopping: The General Court Upholds The European Commission’s Decision Finding That Google Abused Its Dominant Position In General Search By Favoring Its Own Comparison Shopping Service
On November 10, 2021, the General Court upheld the Commission’s decision finding that Google had committed an abuse by favoring its own comparison shopping service (“CSS”).[1] The Commission previously found that Google positioned and displayed, in its general search results pages, its own CSS more prominently than competing CSSs. The Commission imposed on Google a fine of €2.42 billion.[2] In the judgment, the General Court largely dismissed Google’s appeal against the Commission’s decision and confirmed the amount of the fine.
The Ica Fully Dismisses Allegations of Abuse of Dominance in the Market for the Production of Pet Pre-forms
On October 29, 2021, the ICA decided to close the investigation into an alleged abuse of dominant position by Husky Injection Molding Systems (“Husky”), without finding any infringement.[1] The ICA found that the evidence collected during the investigation did not allow it to confirm the allegations put forward at the beginning of the proceedings (the “Decision”).
Illumina And Grail Run Into First-Ever Interim Measure For Gun-Jumping
On October 29, 2021, for the first time, the Commission imposed interim measures on companies that closed a deal before obtaining merger approval. On August 18, 2021, U.S. gene-sequencing company Illumina publicly announced it had acquired Grail, a start-up that has developed multi-cancer early detection tests.