On April 30, 2024, Advocate General Szpunar delivered his opinion recommending the Court of Justice to respond to the Court of Appeal of Mons (Belgium) that rules of the Fédération Internationale de Football Association (“FIFA”) restricting the transfer of players among football clubs are contrary to Article 101 and Article 45 TFEU.[1]
On February 6, 2024, the French Competition Authority (“FCA”) imposed a four million euros fine on chocolate maker De Neuville (“De Neuville”) and its parent company Savencia Holding for restricting their franchisees’ freedom to sell De Neuville chocolates online and to professional customers.[1]
On October 18, 2023, the French Cour de cassation upheld the Paris Court of Appeals’ ruling finding that the French Competition Authority (“FCA”) had rightly calculated the amount of the fine imposed on L’Oréal in 2014 for its alleged involvement in a cartel in the personal care products industry.[1] The French Cour de cassation confirmed that the sales of a subsidiary that did not itself participate in the infringement can be included in the calculation of the fine if these sales have been affected by the infringement sanctioned.
On July 25, 2023, the French Competition Authority (“FCA”) approved, subject to remedies, the acquisition by the Areas Group (“Areas”) of sole control of its French competitor, Sirestco Group (“Sirestco”, together, “the Parties”) in the sector for the provision of highway catering services.[1]
On June 8, 2023, Advocate General Kokott delivered her opinion on the Commission’s appeal of the General Court’s judgment annulling the Commission’s decision finding that Luxembourg had granted unauthorized State aid to Amazon in the form of a tax advantage. [1] Advocate General Kokott’s opinion endorsed the recent Court of Justice’s findings in Fiat,[2] which confirmed that there is no EU-wide arm’s length principle that the Commission can use as a standard of review for Member States’ tax decisions under EU State aid rules. This opinion signals that the Fiat judgement will likely be the guide for ongoing and future tax ruling cases and investigations.
On April 12, 2023, the French Competition Authority (“FCA”) imposed a €3.5M fine on market intelligence company Ellisphere for price-fixing and market-sharing practices, marking the first successful application of the watchdog’s leniency regime since it was reformed under the ECN+ Directive.[1]