On April 30, 2021, the European Commission issued a Statement of Objections to Apple alleging it abused its dominant position in the market for the distribution of music streaming apps.[1] The Commission’s investigation follows Spotify’s complaint filed in March 2019,[2] and marks the first major procedural development in the four investigations opened against Apple in June 2020.[3]
Cleary Gottlieb
Contact:Read more about Cleary Gottlieb
Another Brick in the Wall: The Court of Justice Confirms the (Not So) Rebuttable Presumption of Parental Liability for Holding Companies
By Cleary Gottlieb on
OTC Computers Limited (In Liquidation) v Infineon Technologies AG and Micron Europe Limited
By Cleary Gottlieb on
On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment…
Rome Court of Appeal Dismisses Appeal on a Follow-on Action for Damages and Orders the Incumbent in the Italian Electronic Communications Sector To Pay Approximately €5 Million in Damages
By Cleary Gottlieb on
On April 13, 2021, the Rome Court of Appeal rejected the appeal brought by Telecom Italia S.p.A. (“TIM”) against a judgment of the Court of Rome in a follow-on action for damages.[1] The Court of Rome had ordered TIM to pay COMM 3000 S.p.A. (formerly KPNQwest S.p.A., “COMM 3000”) approximately €8 million in damages for alleged abuse of dominant position in the market for the provision of wholesale access services. The ICA had imposed a fine for the alleged abuse in 2013.[2]
FCO Terminated Proceedings After Liebherr Adjusted Requirements for Online Sales
By Cleary Gottlieb on
Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.[1]
Air Canada Grounds Plans To Acquire Transat Facing Headwinds From the European Commission
By Cleary Gottlieb on
On April 2, 2021, Air Canada announced that it had abandoned its plan to acquire Transat, a competing operator in the market for air transport services between Canada and the EEA. The deal was notified on April 16, 2020 and after one year of discussions and repeated suspensions of the investigation by the Commission, Air Canada decided to abandon the €127 million deal.
The Conseil d’Etat Holds That It Is Not Competent To Hear an Objection Against an FCA’s Referral of a Merger to the Commission
By Cleary Gottlieb on
On April 1, 2021 the Conseil d’Etat ruled that it lacks jurisdiction to review a French Competition Authority (“FCA”) decision referring a contemplated merger to the European Commission (“Commission”) under Article 22 of the EU Merger Regulation (“EUMR”).[1]
The Commission Withdraws Its 2019 Decision Imposing Binding Commitments in the PayTV Investigation
By Cleary Gottlieb on
On March 31, 2021, the Commission withdrew its decision which made binding—under Article 9 of Regulation No 1/2003—commitments offered by NBCUniversal, Sony, TWDC, Twentieth Century Fox, Warner Bros and Sky in the cross-border access to pay-TV antitrust proceedings.[1] The withdrawal follows the annulment by the Court of Justice of the Commission’s commitments decision against Paramount and its parent company Viacom[2] (the “Paramount Commitments Decision”), who had offered essentially identical commitments to those offered by the parties in the present case.
ICA Fully Dismisses Allegations of an Abuse of a Dominant Position in the Market for Maintenance of High-tech Diagnostic Imaging Devices
By Cleary Gottlieb on
On March 30, 2021, the Italian Competition Authority (the “ICA”) closed an investigation against three equipment manufacturers in the market for maintenance of high-tech diagnostic imaging devices, without finding any abuse of dominant position. The ICA found that the evidence collected during the investigation did not allow to confirm the allegations put forward at the beginning of the investigation.[1]
Green Light For Emergency Platform for Vaccination Equipment
By Cleary Gottlieb on
On March 29, 2021, the FCO cleared the way for full-line pharmaceutical wholesalers’ participation in the VCI Emergency Platform for Vaccination Equipment (“Emergency Platform”).[1]