On 22 February 2021, the Competition Appeal Tribunal (CAT) ruled that Epic Games (Epic) could not pursue a claim against Apple in the UK. It allowed some aspects of a similar claim brought by Epic against Google to be heard in the UK on the ground that permission is not required to serve claims in the CAT against the Irish anchor defendants.
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The French Competition Authority Dismisses Interim Measures Against French Electricity Supplier EDF
By Cleary Gottlieb on
On February 18, 2021, the FCA announced that it had denied interim measures requested by Plüm Energie, a competing electricity supplier, to prevent Électricité de France (“EDF”) from allegedly abusing its dominant position in the French market for the supply of electricity.
The French Cour de Cassation Confirms the Validity of FCA Dawn Raids Authorized on the Basis of Another Competition Authority’s Request for Investigative Measures
By Cleary Gottlieb on
In a ruling dated February 17, 2021, the Cour de cassation dismissed an appeal formed against an order dated June 2019, in which the Paris Court of Appeals confirmed that the FCA could validly initiate an investigation and carry out dawn raids on the basis of a request for inspection issued by the competition authority of another EU Member State.
Preventx v. Royal Mail Group
By Cleary Gottlieb on
On 11 February 2021, the High Court issued a consent order dismissing Preventx’s abuse of dominance claim against Royal Mail…
The Commission Accepts Commitments Offered by Aspen in Its First Decision on Excessive Pricing in the Pharmaceutical Sector
By Cleary Gottlieb on
On February 10, 2021, the Commission accepted commitments offered by South African pharmaceutical company Aspen and ended one of its rare investigations into excessive pricing (and reportedly the first in the pharmaceutical sector).[1] The decision provides guidance on how the Commission evaluates excessive pricing of off-patent medicines and how to remedy potential concerns.
The French Cour de Cassation Confirms That a Company May Be Considered To Participate in a Cartel as Long as the Other Colluding Firms Believe In Its Involvement
By Cleary Gottlieb on
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
By Cleary Gottlieb on
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]
FCJ Accepts Liquidated Damages Clauses of up to 15% For Cartel Infringements in Buyer’s Terms and Conditions
By Cleary Gottlieb on
On February 10, 2021, the FCJ declared liquidated damages clauses for cartel damages of up to 15% admissible in its sixth ruling in connection with the so-called “rail cartel”.[1]
FCJ Finds German Courts Have Jurisdiction Over Injuction for Abuse of Dominant Position
By Cleary Gottlieb on
On February 10, 2021 the FCJ annulled a decision by which the Schleswig Court of Appeal (“SCA”) had denied jurisdiction over the injunction claims of Hotel Wikingerhof’s (“Wikingerhof”) against the Dutch hotel booking platform operator Booking.com and remanded the case back to the SCA.[1]
CMA Digital Markets Strategy Refresh
By Cleary Gottlieb on
The CMA published a “refresh” of its Digital Markets Strategy (DMS II) on 9 February 2021. The first iteration (DMS I) was published in June 2019 but the CMA explains that “much has changed” in the interim, not least “significant developments in the political and regulatory landscape for digital markets.”