On July 30, 2021, the French Competition Authority (“FCA”) published its revised Fining Guidelines, which repealed and replaced the 2011 guidelines.[1] In June, the FCA had opened a public consultation on a draft, which provided for different changes of the method of calculation of fines. While the Guidelines as published have retained those changes, they also include several more minor ones resulting from the public consultation.
CMA Publishes Results of Electric Vehicle Charging Market Study and Opens Investigation Into Supply of Electric Vehicle Charging Points on or Near Motorways
On 23 July 2021 the CMA published its final report in its market study into the supply of charging for electric vehicles (“EVs”). The study raises concerns that the rollout of charging points has been slow and disjointed, warning that more needs to be done in the sector ahead of the government’s planned ban on sales of new petrol and diesel cars by 2030.
FCO Presents Annual Report 2020/2021 Focusing On The Digital Economy
On June 23, 2021, the German Federal Cartel Office (“FCO”) published its Annual Report 2020/2021[1] as well as its biennial Activity Report 2019/2020. Andreas Mundt, the President of the FCO, pointed out that the FCO’s enforcement activities continue to focus on the digital economy and consumer protection—especially with the help of the FCO’s new enforcement tools created by the recently introduced 10th Amendment of the German Act Against Restraints of Competition (“ARC”)[2]. The reports also provides various enforcement statistics that show that the FCO continues to be a highly active competition law enforcer in the EU.[3]
CMA Publishes Consultation To Replace the Retained Vertical Agreements Block Exemption Regulation
On 17 June 2021, the CMA published a consultation document on its provisional recommendation to replace the retained EU Vertical Agreements Block Exemption Regulation (VABER) with a UK-specific Vertical Agreements Block Exemption Order (VABEO) (the CMA Consultation). Currently, agreements benefit from automatic exemption from the UK Chapter 1 Prohibition[1] (the equivalent of Article 101 TFEU) if they meet the criteria set out in the VABER.
ICA Accepts Commitments Offered by Parties To Alleged Anticompetitive Agreement in Scrap Automotive and Industrial Lead-acid Batteries Sector
On June 15, 2021, the Italian Competition Authority (the “ICA”) adopted a decision that made legally binding the commitments offered by certain companies active in the scrap lead-acid batteries sector, in the context of an investigation regarding the alleged coordination of their pricing behavior.[1] These commitments were found to adequately address the ICA’s concern that the companies and the collecting organizations they belonged to may have coordinated their behavior in violation of Article 101 TFEU.
The French Competition Authority Updates Its Notice on Fines
On June 11, 2021, the French Competition Authority (“FCA”) published a draft to update its Notice on fines.[1] The draft is subject to a public consultation which was held between June 11 and 25, 2021. According to the FCA, the update was prompted by the entry into force of ordinance No.2021-649 of May 26, 2021, which implements Directive (EU) 2019/1 of the European Parliament and of the Council of December 11, 2018 (“ECN+ Directive”), whose aim is to strengthen and harmonize competition enforcement by national authorities.
FCO Launches Public Consultations on “Self-Cleaning Guidelines”
On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning”[1] as well as its draft “Practical guide on filing an application for premature deletion”.[2] In addition, it opened public consultations on the drafts. Interested parties were invited to submit their comments by July 20, 2021.
The TAR Lazio Fully Upholds an ICA Decision That Fined a Legal Monopolist in the Local Public Passenger Transport for Refusal to Supply Essential Information
On May 17, 2021, the Regional Administrative Tribunal of Lazio (“TAR Lazio”) rejected the application for annulment lodged by SAD – Trasporto Locale S.p.A. (“SAD”), a company entrusted by the Autonomous Province of Bolzano (“APB”) with the provision of road passenger transport services in the Bolzano area,[1] against the 2019 decision by which the Italian Competition Authority (“ICA”) fined SAD for abuse of dominance under Article 102 TFEU.[2]
The Commission Proposes a Draft Regulation to Tackle Potential Distortions Caused by Foreign Subsidies
Background
On May 5, 2021, the Commission proposed a draft regulation to tackle potential distortions in the internal market caused by foreign subsidies (“Draft Regulation”).[1]
The ICA Fines a Radio Taxi Company for Abuse of Dominance in the Market for the Collection and Sorting of Orders for Taxi Services in Turin but Reduces the Fine To Take Into Account the Economic Consequences of the COVID-19 Pandemic
On April 27, 2021, the ICA imposed a fine on Società Cooperativa Taxi Torino, a cooperative of taxi operators (hereinafter “Taxi Torino”), for abusing its dominant position in the market for the collection and sorting of taxi orders in the municipality of Turin (the “Decision”).[1] In particular, following a complaint submitted by a company that manages a mobile app connecting taxi drivers and consumers (Mytaxi Italia S.r.l.; “Mytaxi”), the ICA’s investigation focused on some clauses in Taxi Torino’s by-laws, which imposed a non-compete obligation on taxi drivers participating in Taxi Torino’s network and had the effect of foreclosing the market, also in light of Taxi Torino’s dominant position and the lack of actual competition.